Reclaiming the Constitutional bases will guarantee all individuals a system that is less unjust, less corrupt and with fewer magistrates who embarrass us.
Without the real certainty that judges will weigh the principles of constitutional guarantees in court, all that remains is to say that we must be diviners of the procedures because the procedural guidelines would be guided by a capricious system that decides. ad commodumor by a system with a profound ignorance of the law or, worse still, by both premises. When the judicial system is permeable to political power, ceding the operation of constitutional guarantees, those of us who defend the Constitution and with it, Human Rights, act against nature of that system, and this is not without consequences, because we lay bare the prevailing collusion between politicians and the judiciary with a corrupt judicial system, and how this autoimmune scaffolding recycles politicians so as not to punish them. This is also corruption.
For neuroscience, allowing impunity corrupts the person who allows it. Corruption, due to the improper use of public functions, endangers legal security. The strategy of political power is that permeable judges without the courage to defend their investiture, submissive if you will, act badly using procedures, bending the law and violating the National Constitution.
The justification of what was stated has its clear example in a Trial for Private Action Crimes analyzed in the magazine “A DESPACHO” (https://www.yumpu.com/es/document/download/68450069/eba28-dcb98-6444d- 2b1c4-b711b-4e459-9ce91-a12ae), as a paradigmatic case used in the field of study of Criminal Law and Criminal Procedure as a negative example of criminal procedure.
Dr. Maximiliano GARCÍA, Director of the Criminal Procedure Law Chamber of the city of Córdoba, Mgter. in Law and Argumentation, Doctorate in Law from UNR, Teacher; who remained an observer in the criminal hearings of that case, expressed: “The exegeses of the law have been lost and constitutional guarantees are a privilege of some.”
Judicial decisions based on constitutional guarantees protect us from corruption, because transparency is important, that is why well-founded decisions, being rational, will be transparent and can be controlled by higher authorities, because the arguments of how a judge bases your decision are a procedural duty that weighs on them. Nothing worse in a democracy than the impunity allowed by the negligence and arbitrariness of judges, favoring politicians, allowing constitutional guarantees to be violated in trials. The existence of constitutional guarantees in every judicial process is the supreme duty of judges before deciding rationally.
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Facebook: Dr Cynthia Castro
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