¿Se encuentra vigente la detención preventiva administrativa? (Captura administrativa)

Abstract

Personal liberty is a fundamental right, not absolute, since it may be limited subject to strict constitutional and legal requirements. The right to personal freedom may be limited by order of competent judicial authority, and for this purpose, the competent judicial authority is the judge control function guarantees, the trial judge or an exceptional Attorney General’s Office. Flagrancy is an exception to the order of judicial authority to limit personal freedom, but in Article 28, second paragraph of the Constitution, there is the so-called Preventive Detention Administration, whose guidelines for its implementation were drawn by the Constitutional Court without being required order of judicial authority to deprive of personal liberty of a person. Subsequently, the validity of the accusatory penal system, this figure was challenged and became doubtful application following the guidelines set by the Constitutional Court. Subsequently, the Constitutional Court takes up the theme of the Preventive Detention Administrative law removed from the above interpretation and concludes that administrative pretrial detention there always comes warrant handed down by a competent judicial authority. Subsequently, the Supreme Court, Criminal Court of Cassation in a decision of habeas corpus, seems to revive the figure of the Administrative Remand.