El amparo como mecanismo de protección de los derechos fundamentales en Argentina
The article titled "Amparo as a Mechanism for the Protection of Fundamental Rights in Argentina" analyzes the origin and development of the amparo resource in Argentina, highlighting its importance as a tool for the protection of constitutional rights. The amparo, initially instituted by the Supreme Court in the "Ángel Siri" case of 1957, emerged as a solution to protect fundamental rights such as freedom of the press and work, rights that were not covered by habeas corpus, which only protected freedom physics. The Supreme Court, through this ruling, established a precedent to protect other fundamental rights, regardless of the existence of specific laws that regulated them. The article also reviews the current regulations, especially article 43 of the Argentine Constitution, which regulates the amparo action. This allows anyone to file a lawsuit to protect their rights against arbitrary and illegal acts or omissions by both public authorities and individuals. In addition, the judicial procedure is described in detail, from the filing of the lawsuit to the ruling and the possible precautionary measures that can be requested to avoid irreparable damages.
Publication Details
- Journal
- Dialnet (Universidad de la Rioja)
- Published
- 2025-01-01
- Primary Topic
- Magnetic confinement fusion research
- Type
- article
- Field-Weighted Citation Impact
- 0.00