Protección, limitación y vulneración del ejercicio de derechos fundamentales en la persecución penal
The present investigation is of hermeneutic and doctrinal character, starting from the norm and crossing the principles and values that give sense to the fundamental rights as teleology’s purpose, and the distintive character of the norm and the doctrine as the must be of the norm. To this end, it i...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2018
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6880118 |
| Source: | Revista Ratio Juris, ISSN 1794-6638, null 13, Nº. 27, 2018, pags. 173-208 |
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| Summary: |
The present investigation is of hermeneutic and doctrinal character,
starting from the norm and crossing the principles and values that
give sense to the fundamental rights as teleology’s purpose, and the
distintive character of the norm and the doctrine as the must be of the
norm. To this end, it is argued that the State retains the monopoly of
administering criminal justice, and the criminal process becomes an
appropriate scenario to achieve this task, regardless of the decision
by which finiquite. The exercise of the state’s “ius puniendi” revolves
around the exercise of fundamental rights, mainly of the indicted,
accused, accused or convicted, from three alternatives. The first, the
protection of the exercise of fundamental rights as an obligation of
the State, against limitation or violation. The second, the limitation
of the exercise of fundamental rights, provided that the conditions
and constitutional and legal requirements are observed. The third, the
violation of the exercise of fundamental rights when there is arbitrary
and illegal interference, which neutralizes its exercise. Faced with the
violation of the exercise of fundamental rights, in criminal proceedings,
several mechanisms are activated, depending on each case and type of violation, whose consequence is the procedural sanction from
different points of view and, consequently, the restoration and enjoyment
of of the exercise of the fundamental right violated. Taking into
account the above, the article shows that in the investigation, trial and
criminal execution, and in the intervention of the Prosecutor, defense
and victim have limits: respect for the exercise of fundamental rights. |
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