Garantías Constitucionales: ¿Qué son y para qué sirven? (PERÚ)

Summary

This video explains constitutional guarantees that protect citizens' rights and uphold the Constitution. It covers key legal mechanisms like habeas corpus, which safeguards individual freedom, and the action of amparo, which protects other constitutional rights. The video also discusses habeas data, a tool for accessing personal information held by public entities. Additionally, it covers actions like inconstitutionality, popular actions, and compliance actions, all designed to ensure the primacy of the Constitution. These guarantees rely on the judicial system and the constitutional court to function properly, ensuring justice and constitutional integrity.

Takeaways

• 😀 The Constitution is the highest legal norm in a country and must be respected by all authorities and individuals.
• 😀 If the Constitution is violated, constitutional guarantees exist to protect individuals' fundamental rights and ensure the Constitution's supremacy.
• 😀 The first constitutional guarantee is the 'habeas corpus,' which protects personal liberty, including freedom from unjust detention or other infringements on individual rights.
• 😀 Habeas corpus can be filed by anyone affected or by someone else, and it must be addressed quickly by the judiciary.
• 😀 The second constitutional guarantee is the 'action of amparo,' which protects other constitutional rights not covered by habeas corpus, such as rights to equality, health, education, and work.
• 😀 The third guarantee is 'habeas data,' which ensures individuals can request information from public entities or remove information that violates their privacy.
• 😀 Habeas data applies to information that affects a person's privacy or security and is violated through public or private data records.
• 😀 The action of unconstitutionality addresses laws or legal norms that contradict the Constitution, and can be filed by specific authorities like the president or 25% of Congress members.
• 😀 The action of popular claim can challenge laws, administrative rules, or resolutions that violate the Constitution, and anyone can initiate this process.
• 😀 The action of compliance is filed when authorities fail to enforce laws, decrees, or regulations as required, ensuring their proper implementation.
• 😀 The judicial system, including the Constitutional Court and the judiciary, is responsible for ensuring the enforcement of these constitutional guarantees, ensuring the proper functioning of the Constitution.

Q & A

What are constitutional guarantees?

Constitutional guarantees are legal mechanisms provided in the Constitution to protect individuals' fundamental rights and ensure the supremacy of the Constitution. They safeguard citizens from violations of their rights and ensure that constitutional laws are followed by authorities and institutions.

How are constitutional guarantees classified in the script?

The constitutional guarantees are classified into two main categories: those that protect individual rights and those that protect the supremacy of the Constitution and the enforcement of legal norms.

What is Habeas Corpus, and how does it protect individuals?

Habeas Corpus is a constitutional guarantee that protects individual freedom. It can be used when someone is unjustly detained or their rights are violated, such as the right to identity, freedom from torture, or due process.

What are the key features of a Habeas Corpus action?

A Habeas Corpus action must be swift and effective, with a resolution that is reached as quickly as possible, either instantly or in the shortest time. It can be initiated by the affected individual or by someone else on their behalf.

What rights does the Amparo action protect?

The Amparo action protects various fundamental rights, including the right to equality, freedom from discrimination, freedom of work, education, health, participation in politics, and access to justice, among others.

What is Habeas Data and when can it be used?

Habeas Data is a constitutional guarantee that protects an individual’s privacy regarding personal information. It can be used when public or private entities either deny access to personal data or publish information that violates someone's privacy.

What is the difference between an Action of Inconstitutionality and a Popular Action?

An Action of Inconstitutionality challenges laws or norms with legal force, such as decrees and regulations, that contradict the Constitution. A Popular Action, on the other hand, is used to challenge lower-level regulations and norms that are unconstitutional and can be initiated by any individual.

What is the role of the judiciary and Constitutional Court in enforcing these constitutional guarantees?

The judiciary and the Constitutional Court are responsible for enforcing constitutional guarantees. The judiciary handles cases like Habeas Corpus, Amparo, Habeas Data, and Compliance Actions, while the Constitutional Court is primarily responsible for actions like the Action of Inconstitutionality.

What happens when a law is declared unconstitutional?

When a law is declared unconstitutional, it ceases to have any effect from the moment the ruling is published in the official gazette. In some cases, a Popular Action can declare the law null from its inception.

Can anyone file a Popular Action, and what does it address?

Yes, anyone can file a Popular Action. It addresses laws, regulations, or resolutions that violate the Constitution, challenging their legality and requesting their invalidation or nullification.