Egor A. Kuznetsov

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.

The technological revolution has led to a rethinking of the role of information and personal data, which are now regarded as an independent object of civil rights, possessing economic value and actively involved in civil turnover. This state of affairs gives rise to new risks and threats to fundamental human rights, including the right to privacy, protection of personal secrecy, and the preservation of identity. In this regard, there arises a need for effective legal mechanisms to safeguard these rights in the context of rapid technological development. The article provides a detailed analysis of the habeas data institution, enshrined in the Constitution of Argentina, which ensures prompt and accessible judicial protection of personal data, including the possibility of obtaining, correcting, deleting, or setting a confidentiality regime. Special attention is given to the analysis of the law regulating the procedure for collecting, storing, processing, and transferring personal and sensitive data. The article presents an overview of judicial practice illustrating the application of this institution. The methodological basis of the study includes an analytical-descriptive approach using normative and doctrinal sources, as well as court decisions, which allows for a deep exploration of the topic and demonstrates the importance of habeas data in the modern legal system.