El principio de confidencialidad en la cooperación judicial penal internacional su relación con el ejercicio efectivo de la magistratura de la defensa, en particular, a la luz del protocolo del Mercosur.

Abstract

Abstract. The International Criminal Judicial Cooperation has been understood as an institution of inter-state solidarity and assurances, necessary to confront the transnationality of contemporary crime. The Criminal Judicial Cooperation of the Mercosur Protocol contains, precisely, both functional and assurance principles. Among the former we may find the jurisdictional power to declare the confidentiality of a measure for international criminal judicial cooperation in order to avoid thwarting a particular measure (art. 10 of the Mercosur Protocol). The issue which justifies this contribution is linked to an unlimited or restrictive scope granted to this special institution, since any criminal Jurisdictional action, internal or with an international cooperation presupposes a guarantee of the publicity principle, linked to the exercise of Defence in a Democratic System of Law. We believe that the precise admissibility of an exceptional institution such as confidentiality, can not encroach on the power of a concomitant and ultimate power for control of the technical defence against intrusive law measures which are likely to cause an irreparable damage.