La construcción y descategorización de los derechos fundamentales al debido proceso y a una resolución debidamente fundamentada en Bolivia

The rights to due process and a duly substantiated resolution are fundamental procedural rights in Bolivia; although they were not, nor are they nominally recognized as such, since they have been built since the abrogated Constitution of 1967 (reformed in 1994 and in 2002), however, their rank is be...

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Gorde:
Xehetasun bibliografikoak
Egile nagusia: Montenegro Caballero, Dora
Formatua: Artikulua
Hizkuntza:Gaztelania
Argitaratua: 2023
Gaiak:
Sarrera elektronikoa:https://dialnet.unirioja.es/servlet/oaiart?codigo=8778769
Baliabidea:Revista Boliviana de Derecho, ISSN 2070-8157, Nº. 35, 2023, pags. 658-681
Etiketak: Etiketa erantsi
Etiketarik gabe: Izan zaitez lehena erregistro honi etiketa jartzen
Laburpena: The rights to due process and a duly substantiated resolution are fundamental procedural rights in Bolivia; although they were not, nor are they nominally recognized as such, since they have been built since the abrogated Constitution of 1967 (reformed in 1994 and in 2002), however, their rank is being undermined by the judges who exercise constitutional jurisdiction, not only in time to execute the sentences that grant guardianships, but even in time to grant them. The controller of constitutionality himself is a promoter of this conduct, which could generate, over time, a suppression of these rights. This article analyzes this situation from the construction of these rights by the constitutional jurisdiction from the year 1999, and its decategorization until the present year 2022.