The preventive protection founded on constitutional procedural principles: the influences of contemporary constitutionalism in the fracture of modernity
Keywords:
Preventive guardianships, Constitutional procedural principles, Constitucionalismo.Abstract
The paper is centered on the construction of preventive guardianships. The debate on preventive guardianship has been extended in the contemporary law, not only in protecting individual rights but also in protection of transindividual rights. The weak point, however, remains the inclusion of preventive guardianships in the context of the demands plenary, which makes the victim of the rationalist paradigm. It is no longer possible to exempt preventive guardianships in consolidating the rule of law intended to be genuinely democratic. However, we must think them out of the paradigm, ie, freed from its istorical and ideological commitments.Downloads
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