Right to inviolability of the home

To better understand this law in its entirety, we should begin by defining what is meant by home constitutionally well for Constitutional Law is the dwelling house intended for room and to the development of personal freedom with regard to the private life, whether closed or partially open, mobile or stationary, permanent or temporary use. In this regard, Dr. Carlos Mesia has indicated that there are three elements that make up the constitutional home: a) The physical or material element, ie the space in which the person lives and where you can afford to use behaviors that not always support social b) The psychological element, that is, the intention of living as a dwelling place, even if it fails to do so under normal conditions. The room is not required to be continuous. Any dwelling site serves as the individuals involved do with that mood, and c) self-protective element, the exclusion of others of their own home. The concept of "domicile? not restricted to one physical space where a person establishes his residence, as is stipulated in Article 33 of the Code Civil, but should extend to any place or space in which the person can develop his private life, excluding any free third party access.

This being so, home can be a car, a cave, and any other space to which you add the element of intent to home and not third parties. Thus, under these assumptions, there is the right to inviolability of the home, as a holder's right to repel non-consensual interventions on the physical space where developing private and family life. However, this right, like any other fundamental right is not absolute. Thus, the exception to the right area of ​​comment, expressly provided for in the Constitution, the authorization of the person who inhabits, warrant, flagrante delicto or very grave danger of their commission and a source of health or serious risk.

The guarantee of the inviolability of income is not limited to physical and direct to home, but also includes those violations through the use of mechanical, electronic or similar, as it could be any type of electronic surveillance without proper authorization, and this is well understood, as the right to inviolability of domicile is a right of an instrumental nature, because it contributes to the protection of other fundamental rights such as property rights and, principally, the right to privacy. The intimate life that emanates from the person that corresponds to your privacy, free from social parameters, developed in the physical space that includes the home, the protection of the inviolability of the home. It is this characteristic of the right to inviolability of the home, linked to the right to personal liberty and other fundamental rights, which led to their incorporation into the Code of Constitutional Procedure as a rights protection by Habeas Corpus (Article 25, last paragraph of the code indicated). Right recognized in our Constitution in item 9 of Article 2, which states that "everyone has the right: ... to the inviolability of the home, no one can enter it or to conduct investigations or searches without the permission of the person who lives or without a warrant, except flagrante delicto or very grave danger of their commission.

The exceptions for reasons of health or serious risk are regulated by law.? Recognition in the international treaties is verified as follows: Article 11 of the Universal Declaration of Human Rights: "No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation . Everyone is entitled to the protection of the law against such interference or attacks. " Article 11.2 of the American Convention on Human Rights: "No one can be subjected to arbitrary or abusive interference in their private life, his family, his home or correspondence, nor to unlawful attacks on his honor or reputation." And Section 17.1 of the International Covenant on Civil and Political Rights: "(...) one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honor and reputation " . In the constitution of the countries in our region this right nominations are somewhat mixed but with the same content as well, the former Bolivian constitution, compares the "house? with an inviolable asylum, stating explicitly their exceptions, in the Chilean constitution addresses the issue as inviolability of the home, sending its exception to regulations.

Colombian and Ecuadorian constitutions do address the issue as protection of the home and inviolability. The Constitution of Venezuela is perhaps the most accurate as far as the protection of this right means, and in its Article 47 states "The domestic hearth, home, and all private premise are inviolable. They may not be forcibly entered except by court order, to prevent the commission of a crime or to comply with the law under the decisions handed down by the courts, respecting the dignity of human being?. The inviolability of the home (call home, house) is a constitutional right which is founded on the private lives of the people, which is not limited to the protection of property, but also and above all, the need to protect private and intimate life of those living at that address. And not only protects against physical violations but also, and this accuracy, against any interference on the sphere of private life developed in the physical space that includes the address.

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