Due process as a guarantee of rights
Introduction
Being its main objective to guarantee the exercise of the human rights of people. On the other hand, many of the events in the field of economic and social crisis, in recent years, reveal that the construction and importance of this guarantee, have mostly been given precisely due to human rights violations. But it was not until the Magna 1215 Cart.
In 1789 the declaration of the rights of man and citizen also established this guarantee in different articles between them article 7 where he spoke that man could not be arrested or arrested but in the cases that the law indicates, two years later in 1791 inAmerica were approved the ten amendments to the US Constitution highlighting the amendment five that ordered that no person will be deprived of life, freedom or property without due process, the judicial criteria prevailing of the United States Supreme Court was limitedA norms gives procedural issues.
Developing
The main international human rights treaty contains some of the guarantees of this important guarantee and international courts, such as the European Court of Human Rights and Inter -American Court of Human Rights has expanded in normative content of these treaties to include newGuarantees of due process of the American Commission on Human Rights, called ‘Judicial Guarantees’, dedicate the guidelines of the so -called legal process’ consisting of the right of every person to be heard with due guarantees and within a prudent period byA competent judge.
Independent and impartial, previously established by law, in the substantiation of any criminal complaint expressed against the determination of their rights of civil, labor, or fiscal nature. For example, in its article 14 the First Chamber of the Supreme Court of Justice of the Nation indicates that no one may be deprived of their freedom, possessions or rights if it is not by trial by court. Most authors believe that due legal process is a guarantee. For example, "María Angélica Gelli points out that due process is a constitutional, extensive and unnamed guarantee, with adjective and substantive aspects".
For his part, "Eduardo Couture points out that due process is a constitutional guarantee consisting of ensuring individuals the rights of being heard in the process in which they are judged by their conduct, with reasonable opportunities for the proof of their rights" byOn the side, the rights and guarantees that integrate this are part of a dynamic system, in constant training. That therefore, these are indispensable parts of a set;Each is indispensable for this existence and subsist. Due process also aims to know the truth. In that sense, knowing the truth, it is a human right.
Precisely, due process serves as a guarantee to achieve that purpose. As we have already indicated, due process has had a very important evolution and development, for our country, thanks to the incorporation of new guarantees developed by the jurisprudential route, both by the courts of the Judiciary, as well as theInternational Human Rights Protective Courts. The application of due process is very broad, since currently its scope has extended to the different functions, subjects and organs of the State. Likewise, in a long doctrinal development.
Some authors have made some classifications that have been useful when applying and analyzing the guarantee of due process. Regarding the procedures for the issuance of general norms by the different powers and organs of the State, to date they are very authorities that have considered the possibility of applying due process guarantees. However, it is important to recognize the celebration of forums and audiences in congresses, both in the federal and in the premises, to listen to opinions of some people, physical and moral, regarding some issues.
Without the opinions of people becoming binding at the time of the elaboration of the respective legal norm. It costs our rulers a lot. It is a very important advance in our legal system, because the judge is expanding, as already said, the number of guarantees that integrate due process and even more important is the interrelation with other human rights and guarantees, such as the reference, in that particular criterion, to democratic principles.
A very important example of the application of due process in the materially legislative function is the incorporation of different mechanisms for participation in the procedures for creating regulatory norms at the municipal level. Due process also aims to know the truth. In that sense, knowing the truth, has pointed out the Inter -American Court of Human Rights, is a human right, and, precisely, due process serves as a guarantee to achieve that end. Public administration is composed of areas distributed in the three traditional powers: legislative, executive and judicial.
As well as in the organs not assigned by the Constitution to the aforementioned powers;However, the public administration is traditionally referred to to refer exclusively to its area inserted in the Executive Power, which is, with much, the largest;But also both in the Legislative and Judicial Power, as well as in the autonomous constitutional bodies, there is an area of public administration responsible for administrative function. That, through the exercise of administrative function, they are responsible for surveillance, control, inspection, verification, the sanction in case of breach of legal norms, administrative responsibilities.
Of the provision of public services, the resolution of administrative resources, the execution of public works and the realization of other socio -economic activities of public interest, in order that the State achieves its objectives, always with respect to thedignity of the person. It is a human right to obtain all the guarantees that allow to achieve fair decisions, which the Inter -American Commission on Human Rights, in the document entitled access to justice as a guarantee of economic, social and cultural rights. Studies of the standards set by the Inter -American Human Rights System.
Called as due administrative process. The Inter -American Commission on Human Rights also includes other Subsidals for the guarantee of due administrative process, such as: the notification of the beginning of the procedure, the reasonable period, the right to judicial review of administrative decisions, to have aLawyer, to a founded decision, to the advertising of the administration’s actions. The Inter -American Commission has also indicated and highlighted a series of Sub Gararships of the Hearing Guarantee, such as: the right to be assisted during the administrative procedure.
The power to exercise their right to defense, having the indispensable time to know the imputations that will be formulated and, consequently, to defend them. The right to have a reasonable time to prepare their defenses and formalize them, and to promote and evacuate the corresponding evidence. A concept that catches our attention is that of administrative procedures followed in the form of judgment, since currently the Constitution and some laws expressly establish it, even the Amparo Law. But we think that, with the incorporation and development of the guarantee of due administrative process to our legal system.
conclusion
The concept of administrative procedures followed in the form of judgment is very limited and restricts the exercise of the subsidy of due process. A procedure followed in the form of judgment is that in which an authority decides a controversy between contending parties, or in which the authority against the individual prepares, studies or prevents its final resolution, even if only to comply with the audience guarantee. In addition, according to the First Collegiate Court of the Eighth Circuit, it is characteristic of the trials or the procedures followed in the form of judgment, be composed of the 4 phases: prior to the trial, instruction of the trial, sentence;and execution.
The courts that are inserted into the judiciary both federal and local, as well as the courts that have autonomy, mainly perform jurisdictional functions. The main objective of the courts is to guarantee the human right to effective judicial protection. In addition, the principle of due process implies an incompatible process with undue delay caused in the activity or inactivity admissible or jurisdictional, and that is not exhausted with the dictation of a resolution with logical and legal motivation, but requires that it be in a time in a timereasonable.
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