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
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article

El amparo como mecanismo de protección de los derechos fundamentales en Argentina

Dialnet (Universidad de la Rioja)
Magnetic confinement fusion research
article

El amparo como mecanismo de protección de los derechos fundamentales en Argentina

article en

Abstract

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.

Dialnet (Universidad de la Rioja)
Peace, Justice and strong institutions
Openalex Percentile: Top 34%
Magnetic confinement fusion research
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