HABEAS CORPUS AND THE RIGHT OF SILENCE IN PARLIAMENTARY COMMISSIONS OF INQUIRY: CONSTITUTIONAL WARANTY OR MUNIFICENCE OF COURTS

It's become common in the media the constant references to preventive habeas corpus used by the investigated and the witnesses of the Parliamentary Commissions of Inquiry, in order to have guaranteed the right of silence. Prima facie, for the common man, the granting of such orders seems to constitute unjustified bonanza, given the sense of justice that demands the search for truth. However, a study of the essence of the institutes involved and the limits of the Parliamentary Commissions of Inquiry, transforms the appearance into a different reality, revealing that its preservation is not a Praetorian generosity, but a claim of the current constitutional order.