In "Understanding Human Rights and Their Guarantees," readers embark on an intellectual journey guided by the author's insightful foreword, which sets the stage for a profound exploration of this vital subject.
Human Rights Unveiled: Delve into the multifaceted realm of human rights, beginning with an in-depth examination of their concept, boundaries, historical evolution, and classification. Discover how these rights find their roots in constitutional frameworks and the nuanced interpretation that shapes their application. Explore the fundamental principles underpinning human rights and the conditions that govern their exercise, while also addressing who can violate these essential rights. Topics covered include the right to life, security, honor, privacy, freedom, work, property, and equality.
The Guarantees of Human Rights: Venture further into the world of human rights by exploring the intricate web of guarantees that protect these fundamental principles. Uncover the concepts of generic and specific guarantees, both institutional and jurisdictional, with a focus on their role concerning administrative, legislative, and judicial powers. Understand the significance of guarantees in the context of criminal law and their operation during states of emergency within the framework of a constitutional state. Dive deep into the interpretation of guarantees and the rights not explicitly protected by the Constitution. Explore the guiding principles behind these guarantees.
Specific Legal Remedies: Delve into specific legal remedies designed to protect human rights, including:
- Habeas Corpus: Understand the concept, types, and historical origins of this vital remedy in Uruguay, Argentina, Spain, and beyond.
- Habeas Data: Explore the fundamental concepts, including the right to honor and privacy, and delve into the emerging concept of third-generation rights. Learn about data, databases, classifications, and the application of habeas data.
- Amparo: Gain insights into the concept, historical origins, and juridical nature of amparo, distinguishing it from habeas corpus and habeas data. Explore amparo's role in various legal systems, including Mexico, Brazil, Argentina, Spain, and international law. Delve into its foundations, protected rights, and residual nature in Uruguay.
The Legal Process: Journey through the legal process that accompanies amparo cases, from the initial filing of demands and the timeframe for their validity to the acceptance or scheduling of hearings. Explore the significance of hearings, provisional measures, preliminary issues, and the appeal process. Learn about the value of res judicata in amparo cases and the execution of judgments in Uruguay. Finally, explore the application of amparo in the contexts of child and adolescent law, labor law, regulatory compliance, governmental actions, and emergency powers.
Analyzing Case Studies: Discover real-world case studies from Uruguay and Argentina, examining the action of amparo in administrative contexts, constitutional dilemmas, conflicts between constitutional rights, challenges in the realm of labor unions, threats to physical freedom, clearing of information databases, the use of email as evidence in criminal matters, the right to image, and abuses of workplace email. Explore the jurisprudence surrounding these cases, shedding light on the nature of amparo and its role in protecting fundamental rights.
Appendix and Bibliography: Access essential reference materials, including a comprehensive appendix of fundamental legal provisions and a bibliography for further study.
This captivating journey through the world of human rights and legal guarantees offers readers a profound understanding of these crucial subjects and their application in diverse legal systems. Whether you are a legal scholar, practitioner, or simply intrigued by the complex interplay of rights and remedies, this book promises to be a valuable resource.
- Author: Flores Dapkevicius, Ruben
- Editorial: B de F
- ISBN: 978-9974-578-37-X
- Pages: 327
- Format: 23 cm x 16 cm
- Language: Spanish
- Edition date: 2011
- Binding: Paperback
- Subjects: Administrative Law - Constitutional Law - Human Rights