Autotutela ejecutiva y control judicial en la entrada en domicilios

Abstract

Unless specific aspects, the legal regime of entry in domicile must be inferred from the case law and judicial practice, in the absence of regulation on this matter finished yet. The purpose of this study is to carry out a systematic analysis of this question in line with the numerous issued pronouncements, in order to provide a practical and unambiguous solution regarding the various aspects that still today are an object of controversy. The very extent of the constitutional concept of domicile or the form in which there has to be obtained the consent of the holder of the right, used as basic budgets to approach the nuclear analysis of this study focused on determining the scope of the control that has to carry out the judicial competent court in guarantee of the constitutional law to the inviolability of the domicile and its impact on the executive self tutelage of the Public Administration.