'Rights during investigation - arbitrary arrest or detention and deprivation of liberty' in document 'Brazil - Constitution'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

TITLE ii - Fundamental Rights and Guarantees

CHAPTER i - individual and Collective Rights and Duties

Article 5. All persons are equal before the law, without any distinction whatsoever, Brazilians and foreigners residing in the country being ensured of inviolability of the right to life, to liberty, to equality, to security and to property, on the following terms:

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Liii – no one shall undergo legal proceeding or sentencing save by the competent authority;

Constitution of the Federative Republic of Brazil

TITLE ii - Fundamental Rights and Guarantees

CHAPTER i - individual and Collective Rights and Duties

Article 5. All persons are equal before the law, without any distinction whatsoever, Brazilians and foreigners residing in the country being ensured of inviolability of the right to life, to liberty, to equality, to security and to property, on the following terms:

...
LXi – no one shall be arrested unless in flagrante delicto or by a written and justified order of a competent judicial authority, save in the cases of military transgression or specific military crime, as defined in law;

Constitution of the Federative Republic of Brazil

TITLE ii - Fundamental Rights and Guarantees

CHAPTER i - individual and Collective Rights and Duties

Article 5. All persons are equal before the law, without any distinction whatsoever, Brazilians and foreigners residing in the country being ensured of inviolability of the right to life, to liberty, to equality, to security and to property, on the following terms:

...
lXv – illegal arrest shall be immediately remitted by the judicial authority;

lXvi – no one shall be taken to prison or held therein, when the law admits release on own recognizance, subject or not to bail;

RELEVANT ROME STATUTE PROVISIONS

Article 55
Rights of persons during an investigation
1. In respect of an investigation under this Statute, a person:
(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute