Interdictum de Homine Libero Exhibendo

Por: Anavitarte, E. J.*

The interdictum de homine libero exhibendo (writ of exhibition of a person) is a procedural figure, by which, the praetor could demand the appearance of a free man who had been unjustly deprived of his freedom.

By 'deprived of their freedom' can be understood, both, the physical detention of the person, and their forced treatment as a slave, for which this writ protected the legal attribute of freedom.

It is an antecedent of the mechanisms for the protection of personal freedom, which prevented individuals from maliciously retaining someone. However, its purpose was not aimed at limiting the power of the authorities, as in the case of habeas corpus, but at protecting freedom as a quiritarian right (ius quiritium).

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