Derechos Humanos y estándares de investigación: una mirada desde la intervención de las comunicaciones en el proceso penal cubano.
The purpose of the article is to argue, from a look at the human rights of privacy and the secrecy of communications, the significance of the principles of legality, proportionality and strict necessity, as investigative standards, which inform the intervention of communications in the Cuban criminal process and the role that the Prosecutor plays in this to guarantee the legality of such investigative acts, based on the challenges imposed by Law 143 of 2021 “On criminal proceedings”. It is posed as a research problem: what are the research standards on which the interventions of communications in the Cuban criminal process must be based, which guarantee the exercise of the rights of privacy and the secrecy of communications? As a hypothesis, the existence of investigative standards in the interventions of communications in the Cuban criminal process is stated, which would guarantee the exercise of the rights of privacy and the secrecy of communications. The research methods of analysis-synthesis, historical-legal and exegetical analysis were used, as well as document review, which allowed us to offer final considerations on the topic.
Authors
- Yenisey González Rodríguez (ORCID: https://orcid.org/0009-0003-4675-7789)
Institutions
- University of Granma (CU)
Publication Details
- Journal
- Revista Brasileira de Direito Processual Penal
- Published
- 2024-11-20
- DOI
- https://doi.org/10.22197/rbdpp.v10i3.1014
- Primary Topic
- Comparative constitutional jurisprudence studies
- Type
- article
- Field-Weighted Citation Impact
- 0.00