El poder de sustitución como medio eficaz para la ejecución forzosa de las acciones de amparo en Venezuela
We are constantly asking ourselves: "What is the use of having a person in prison if the right to life, to work or to freedom is violated?" None. Because pain and suffering of human beings have no cure; there is no instance capable of making a person forget the pain suffered when his situa...
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| Format: | Article |
| Language: | Spanish |
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Universidad del Norte: Ediciones Uninorte
2003
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=2348008 |
| Source: | Revista de derecho: División de Ciencias Jurídicas de la Universidad del Norte, ISSN 0121-8697, Nº. 19, 2003, pags. 161-197 |
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| Summary: |
We are constantly asking ourselves: "What is the use of having a person in prison if the right to life, to work or to freedom is violated?" None. Because pain and suffering of human beings have no cure; there is no instance capable of making a person forget the pain suffered when his situation is not solved due to an officer's negligence even though he has in his hands a supporting sentence guarding his rights. For this reason it has slowly been enforced with the corresponding caution the Spanish Administrative law figure "Forced Execution and Substitution" consisting in the action by which the judge takes the place of the representative of the body reticent in the enforcement of a juridical order. This is done with the aim of materializing the abstract conclusion of law derived from juridical syllogism. In this work it is sought the understanding that the separation of the legislative bodies and personal mood are not reasons to violate constitutional rights. |
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