CHAPTER 1. Guarantees of the legal and regulatory framework
Article 84
The National Assembly and all bodies with legal and regulatory authority shall be obligated to adjust, formally and materially, the laws and other legal standards related to the rights provided for in the Constitution and international treaties and those that are needed to guarantee the dignity of human beings or communities, peoples and nations. In no case shall amending the Constitution, laws, other legal and regulatory frameworks or actions by the government endanger the rights recognized by the Constitution.
CHAPTER 2. Public policies, public services, and public participation
Article 85
The drafting, enforcement, evaluation and monitoring of public policies and public services that guarantee the rights enshrined in the Constitution shall be governed by the following provisions:
Public policies and the provision of public goods and services shall be aimed at enforcing the good way of living and all rights and shall be drawn up on the basis of the principle of solidarity.
Without detriment to the prevalence of public welfare over individual well-being, when the impacts of the implementation of public policies or the provision of public goods and services undermine or threaten to undermine constitutional rights, the policy or provision must be reformulated or alternative measures shall be adopted to reconcile the conflicting rights.
The State shall guarantee the equitable and mutually supportive allocation of the budget for the implementation of public policies and the provision of public goods and services.
In the drafting, implementation, evaluation and monitoring of public policies and public services, the participation of persons, communities, peoples and nations shall be guaranteed.
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Jurisdictional guarantees shall be governed, as a rule, by the following provisions:
Any person, group of persons, community, people or nation will be able to propose actions envisaged in the Constitution.
The judge with jurisdiction in the place where the deed or omission originated or where its impacts were exerted shall be the competent authority and the following rules of procedures shall be applicable:
The procedure shall be simple, quick and efficient. It shall be verbal in all of its stages and proceedings.
They shall be effective at all times.
They can be proposed verbally or in writing, without formalities and without the need to quote the rule that was infringed. Support of an attorney to file the action shall not be indispensable.
Notifications shall be made by the most effective means that are within the reach of the judging party, the legitimized asset and the body responsible for this deed or omission.
Procedural rules that tend to delay their efficient processing shall not be applicable.
Once the action has been submitted, the judge shall immediately convene a public hearing and at any time during the proceedings will be able to order the submittal of evidence and designate commissions to gather this evidence. The claim alleged by the person filing the complaint shall be presumed to be true as long as the public institution that is called upon does not prove the contrary or does not provide information The judge shall rule on the case by means of a sentence and, if the infringement of rights has been detected, he/she will have to state this, order integral tangible and intangible reparation and specify and individualize the obligations, both positive and negative, aimed at the target of the legal decision issued and the circumstances under which they must be complied with.The rulings of the first court can be appealed in a provincial court. Legal proceedings shall only be complete when the sentence or ruling has been fully enforced.
If the sentence or ruling is not complied with by the public servants, the judge shall order their dismissal from their job or employment, without detriment to the civil or criminal liabilities that might be applicable. When it is an individual who has failed to comply with the sentence or ruling, the liability set forth in the law shall come into force.
All final judgments shall be referred to the Constitutional Court for their development in case law.
Article 87
Preventive measures can be ordered either jointly or independently of the constitutional actions for the protection of rights, for the purpose of avoiding or ceasing the violation or threat of violation of a right.
SECTION 2. Protection proceedings
Article 88
Protection proceedings shall be aimed at ensuring the direct and efficient safeguard of the rights enshrined in the Constitution and can be filed whenever there is a breach of constitutional rights as a result of deeds or omissions by any non-judiciary public authority against public policies when they involve removing the enjoyment or exercise of constitutional rights; and when the violation proceeds from a particular person, if the violation of the right causes severe damage, if it provides improper public services, if it acts by delegation or concession, or if the affected person is in a status of subordination, defenselessness or discrimination.
SECTION 3. Habeas corpus proceedings
Article 89
Habeas corpus proceedings are aimed at restoring the freedom of those who are being held illegally, arbitrarily or illegitimately by order of a public authority or any other persons, as well as to protect the life and bodily safety of persons in prison.
Immediately after the proceedings are filed, the judge shall convene a hearing, which must be held within the following twenty-fours, where the warrant of arrest and imprisonment with the legal formalities and the justifications of fact and law that substantiate the measure must be presented. The judge shall order the appearance of the imprisoned person, the authority in whose charge the imprisoned person has been committed, the court-appointed defense attorney and the person who had ordered or caused the imprisonment, depending on the case. If necessary, the hearing shall be held in the place of detention.
The judge shall rule within twenty-four hours after completion of the hearing. In the event of illegitimate or arbitrary detention, release from prison shall be ordered. The ruling ordering release from prison shall be complied with immediately.
If any kind of torture, inhumane, cruel or degrading treatment is confirmed, the order to release the victim, provide integral and specialized care, and provide measures that are alternative to imprisonment when applicable shall be issued.
When the order for imprisonment has been issued in criminal proceedings, the appeal shall be made with the Provincial Court of Justice.
Article 90
When the place of incarceration is unknown and there are indications of interference by some public official or another agent of the State or persons who are acting on the basis of the latter’s authorization, support or acquiescence, the judge must call the top representatives of the National Police Force and the competent Minister to a hearing. After listening to them, the measures needed to locate the person and those responsible for his/her imprisonment shall be adopted.
SECTION 4. Petition for access to public information
Article 91
The petition for access to public information shall be aimed at guaranteeing access to this information, when this information has been denied expressly or tacitly or when the information provided is incomplete or not trustworthy. It can be filed even if the denial to provide information is based on the secret, reserved, confidential nature of the information or any other classification. The reserved nature of the information must be stated prior to the petition by a competent authority and in accordance with the law.
SECTION 5. Habeas data proceedings
Article 92
All persons, by their own rights or as legitimate representatives for this purpose, shall have the right to know of the existence of and gain access to documents, genetic data, personal data banks or files and reports about themselves or about their assets that appear in public or private entities, whether in hard copy or on electronic media. Likewise, they shall have the right learn about the use made of this information, its end purpose, the origin and destination of the personal information and the time of validity of the data file or bank.
The persons responsible for the data banks or files will be able to disseminate the filed information with the authorization of the holder or the law.
The person owning the data will be able to request the person in charge to allow access free of charge to the file, as well as update of the data and their correction, deletion or annulment. In the case of sensitive data, whose file must be authorized by law or by the person owning the information, the adoption of the security measures that are needed shall be required. If the petition is not duty answered, the person can resort to a judge. The affected person can file a complaint for damages caused.
SECTION 6. Proceedings for failure to comply
Article 93
Proceedings for failure to comply shall be aimed at guaranteeing the application of rules and regulations comprising the legal system, as well as compliance with the rulings or reports of international human rights organizations, when the regulation or decision whose enforcement is being pursued contains an obligation to make it clear, express and enforceable. The petition shall be filed with the Constitutional Court.
SECTION 7. Special proceedings for protection
Article 94
The special proceedings for protection shall be admissible against those rulings or definitive judgments where there has been a violation, by deed or omission, of the rights enshrined in the Constitution, and they shall be filed with the Constitutional Court. This appeal shall be admissible when regular and special appeals have been exhausted within the legal framework, unless the failure to file these resources was not attributable to the negligence of the person bearing the constitutional right that was infringed.
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