Protecting Life and Liberty: Constitutional Rights and Due Process

Article 43: The Right to Life and State Protection

The right to life is inviolable. The law does not condemn you to death, and no authority can take it away. The government guarantees the physical integrity of any person who is deprived of liberty, with the military or civil service obligated to protect them.

Article 44: Fundamental Right to Freedom and Due Process

The right to freedom is inviolable, considering the following provisions:

1. No person shall be deprived of liberty without a warrant of arrest, unless that person is caught in flagrante delicto (in the act). This person must be presented before a judicial body within 48 hours. Freedom will be judged promptly.
2. All persons deprived of liberty have the right to communicate with their family, lawyer, or trusted friend. At the same time, they are entitled to know where they are detained, the cause of their arrest (which must be in writing), and their psychological status. They also have the right to know the name of the officer who stopped them and to access a record of detainees.
3. Punishment shall not be extended beyond the convicted person. There shall be no perpetual or humiliating sentences. The penalty may not exceed a maximum of 30 years.
4. Any person committing a custodial measure is required to identify themselves.
5. No person shall remain under arrest after a release order has been made or after serving their sentence.

Article 45: Prohibition of Forced Disappearances

It prohibits public authorities, even in a state of exception or emergency, from practicing or permitting forced disappearances.

Article 46: Respect for Physical and Moral Integrity

Everyone has the right to respect for their physical, mental, and moral integrity.

1. No one shall be subjected to mistreatment, whether physical, psychological, or moral. The aggrieved party is entitled to rehabilitation.
2. All persons deprived of liberty must be respected and treated with the respect due to inherent human dignity.
3. No person may be subjected to any examination without prior authorization, unless their life is in danger.
4. All public officials who fail to comply with these rules will be sanctioned according to law.

Article 47: Inviolability of Home and Private Premises

The home or private premises may not be searched without a prior court order, except to prevent the perpetration of a crime. The decision to issue a court order must always respect human dignity.

Article 48: Secrecy and Inviolability of Private Communication

The secrecy and inviolability of private communication are guaranteed. Communication may only be seized with a court order.