Already in late Christian antiquity, the right of asylum was presented with a characteristic common to the institution throughout its legal history and which is also present in the current law, that is, the fact of being a law that is constantly “evolving”, as can be inferred from the case we are going to study, on the one hand, because of the juridical answer that the Roman and Byzantine political authorities were able to articulate on the basis of the economic, social and political problems of each time, and, on the other hand, because of the fact that the subsequent regulation should not necessarily be considered as positive, if we understand as such the fact that it improves the previous one; unfortunately, we will see that this law with its permanently mutable character, its evolution according to the conjunctures, can also include elements that are a step backwards in the recognition and the exercise of it.


Keywords: right of asylum; imperial constitutions; 4th-5th centuries.