Habeas Corpus in Argentina

Abstract

This article provides a comprehensive analysis of the institution of habeas corpus in Argentine law, tracing its historical origins and examining its modern regulatory framework. The evolution of this legal mechanism is explored through the lens of constitutional reforms, including its incorporation into the Argentine Constitution and adaptation to contemporary legal realities. Special attention is given to judicial practice and various forms of habeas corpus: hábeas corpus reparador (traditional), hábeas corpus preventivo (preventive), hábeas corpus restringido (restricted), hábeas corpus de pronto despacho (expedited release), hábeas corpus correctivo (corrective), and hábeas corpus colectivo (collective). Their specific features, scope of application, and effectiveness in protecting physical freedoms, human rights, and dignity are analyzed. The study highlights the role of habeas corpus as a legal safeguard capable of promptly addressing unlawful detentions, deteriorating detention conditions, and enforced disappearances. Key rulings of the Argentine Supreme Court and international legal instruments influencing the interpretation of this constitutional guarantee are also examined. Special focus is placed on Argentine legislation in comparison with international practice, allowing an assessment of its relevance and effectiveness. The article concludes that strengthening and further developing habeas corpus is crucial for upholding the rule of law in a democratic state, along with the need to refine its implementation mechanisms in response to contemporary challenges.

References

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