due process clause
[/djuː ˈprɑːsɛs klɔːz/]
nounpl: due process clauses
cláusula do devido processo legal
1. A constitutional provision guaranteeing that the government cannot deprive a person of life, liberty, or property without following fair legal procedures and established rules of law
The Fifth Amendment contains the due process clause that protects citizens from arbitrary government action.
A Quinta Emenda contém a cláusula do devido processo legal que protege os cidadãos de ações arbitrárias do governo.
2. A legal safeguard ensuring that laws are applied fairly and that individuals receive fair treatment through the judicial system
The defendant argued that his rights under the due process clause were violated when he was denied legal representation.
O réu argumentou que seus direitos sob a cláusula do devido processo legal foram violados quando lhe foi negada representação legal.
The due process clause is a foundational principle in American constitutional law, particularly associated with the U.S. Bill of Rights. It is essential to understanding American legal protections and civil rights. In Brazil, similar protections exist under the Federal Constitution (1988), particularly in Article 5, which guarantees 'legal due process' (devido processo legal) as a fundamental right. This concept reflects broader Western legal traditions of fairness and rule of law, though the specific constitutional language and application differ between the United States and Brazil.
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