Tema 4 Garantias Constitucionales
Tema 4 Garantias Constitucionales
Constitutional guarantees related to individual freedom and protection in Peru include the Habeas Corpus, which protects against unlawful detention and ensures personal freedom by addressing excesses of authorities or abuses by individuals. This guarantee allows individuals to challenge their detention if they are not notified of a judicial order within 24 hours and ensures they are not held beyond necessary without legal justification . It also protects various specific rights, such as the right to remain silent about one's political, religious, or philosophical beliefs during official proceedings, and the right not to be coerced into confessions or acknowledgments of guilt against oneself or relatives . Moreover, individuals are protected from being exiled or detained without a judicial mandate, safeguarding their personal liberty and security .
The Peruvian legal system upholds rights to privacy and data protection primarily through the instrument of Habeas Data, which allows individuals to access their personal records and request corrections when inaccuracies could harm their privacy or reputation. This system precludes public or private entities from managing personal information that could negatively impact individual privacy or family life. It mandates entities holding personal data to adhere to regulations safeguarding the dignity and privacy of persons. Furthermore, constitutional safeguards ensure that such data management respects individuals' rights, allowing them to challenge any unlawful data use and seek judicial remedies if violations occur, thereby reinforcing data protection and personal integrity .
The right to a defense attorney is enshrined in the Peruvian Constitution, allowing individuals to have legal representation from the moment they are detained or cited by authorities. This right is significant for justice as it ensures fair trials, prevents coerced confessions, and provides citizens with the knowledge needed to navigate legal proceedings. It helps counteract tactics that could intimidate defendants into self-incrimination or misrepresenting facts, thus safeguarding the judicial process against coercion and error . Consequently, the presence of legal counsel is fundamental to ensuring that all parties are afforded due process and preserving the integrity of the legal system .
Constitutional protections against coercive interrogation practices in Peru are established through guarantees like Habeas Corpus and specific legal provisions that protect individuals from being forced to testify against themselves or others in their family. The Constitution explicitly forbids coercion to obtain statements, supporting individuals' rights to remain silent and not be subjected to intimidation or coercion for self-incrimination. It also prohibits being forced to confess guilt in criminal proceedings, ensuring respect for personal dignity and freedom from abusive governmental or judicial practices . These protections are vital for upholding human rights and ensuring that judicial processes are conducted fairly and without duress .
Habeas Data can be claimed by individuals in Peru to ensure their right to access personal data contained in any public or private records and request corrections to protect their integrity and privacy. This constitutional guarantee offers protection against the misuse of personal data and delays in receiving requested information, except where security or privacy laws apply. It safeguards individuals' rights to control over their personal information and correct inaccuracies that might harm their reputation or privacy . Additionally, Habeas Data ensures that databases do not infringe upon personal and family privacy or misrepresent facts detrimental to someone's honor .
The Peruvian Constitution assigns the state the role of regulating the status of foreign nationals within its territory, particularly concerning expulsion or separation from the place of residence. The Constitution states that such actions may only occur under judicial orders or in accordance with the Law of Extranjeria. This framework ensures that expulsions are legally justified and follow due process, thus protecting the rights of foreign nationals against arbitrary or unwarranted actions by authorities . The requirement for a judicial mandate or clear legal grounds preserves the integrity of administrative processes concerning foreigners, aligning with Peru's broader constitutional commitments to upholding justice and legal order .
A historical legal development in Peru that emerged from violations of individual freedom was the establishment of Habeas Corpus. Initially promulgated on 21 October 1897 as a response to the arbitrary detention without timely judicial orders, it provided a legal remedy to protect citizens against unlawful imprisonment. This legal instrument was created to counteract situations where individuals were detained without receiving notification of judicial orders within a specified timeframe—specifically 24 hours. Its establishment marked a significant step toward institutionalizing protection against illegal detention and laying a foundation for civic rights enforcement in the country's constitutional framework . This development underscored the country's commitment to safeguard personal liberty and ensure legal accountability in governmental actions .
The Action of Amparo is distinct from judicial resolutions as it provides a direct recourse to protect constitutional rights when ordinary judicial processes are inadequate or inappropriate. Unlike regular judicial resolutions, which involve a full trial process adhering to procedural norms, the Amparo action functions to address immediate violations of rights that might not be suitably redressed through ordinary legal pathways. It does not apply against decisions made in procedurally correct judicial processes, as these are presumed to have been handled through lawful adjudication. Thus, while judicial resolutions focus on broader legal determinations, Amparo specifically targets urgent violations or threats to constitutional rights not addressable by other constitutional remedies like Habeas Corpus or Habeas Data .
The key distinction between states of emergency and siege in Peruvian constitutional law lies in the severity of the situations they address and the resultant restrictions on citizen rights. A state of emergency is declared during disturbances that affect peace or national life, allowing temporary restrictions on freedoms, including personal security, inviolability of domicile, and freedom of assembly . It is limited to 60 days but can be extended. In contrast, a state of siege addresses more severe threats, such as invasions or civil wars, and can last up to 45 days. It requires Congressional approval for extensions, delimiting which rights can remain unrestricted even under severe conditions . Both mechanisms allow authorities to impose necessary restrictions but must balance against undue infringement on constitutional rights. The protections of constitutional guarantees are crucial yet temporarily reduced, underscoring the coexistence of public order needs and rights preservation during crises .
The Action of Amparo in Peru functions as a protection mechanism for constitutional rights that are not safeguarded by Habeas Corpus or Habeas Data. It can be invoked when there is a threat or violation of rights that do not relate to personal freedom, offering redress against illegal acts or omissions impacting rights such as property, contractual freedom, and the inviolability of domicile . It ensures that actions impinging on constitutional rights are challenged, except those from regular judicial resolutions, as regular procedures imply proper adjudication of rights .