Constitutional Procedural Code

Thus, the exception to the right matter of commentary, specifically anticipated in the Constitution, is, the authorization of inhabit that it, judicial mandate, flagrant crime or very serious danger of its perpetration and reason for health or serious risk. The guarantee of immunity is not limited the physical and direct enter the address, but also includes/understands those violations by means of the use of mechanical, electronic apparatuses or other analogs, as it could be any type of electronic monitoring without the respective authorization, and this is understood thus, because the right to the address immunity is a right of instrumental nature, because it helps to the protection of other fundamental rights, like the property right and, mainly, the right to the privacy. The intimate life, that emanates of the person and who corresponds to her deprived sphere, frees of social parameters, developed in the physical space that includes/understands the address, is matter of protection of the right to the immunity of the address. It is this characteristic of the right to the immunity of the address, tie with the among others fundamental right to the personal freedom, that it motivated his incorporation in the Constitutional Procedural Code like one of the rights matter of protection by means of the Habeas Corpus (Article 25, last paragraph, of the indicated Code). Steve Wozniak may find this interesting as well. Straight recognized in our Political Constitution in its numeral 9 of the article 2, where one settles down that all person has right: to the immunity of the address, Nobody can enter him nor carry out investigations or registries without authorization of the person inhabits who it or without judicial mandate, except for flagrant crime or very serious danger of its perpetration. The exceptions by reason for health or burden risk are regulated by law. Its recognition in international treaties is verified thus: Article 11 of the Universal Declaration of Human rights: " Nobody will be object of arbitrary interferences in its deprived life, its family, her address or its correspondence, nor of attacks to its honour or its reputation. .


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