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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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XL – penal law shall not be retroactive, except to benefit the defendant;
Article 23
Nulla poena sine lege
A person convicted by the Court may be punished only in accordance with this Statute.