Perspectiva Constitucional del Derecho a la libertad: enfoque en las libertades intelectuales y espirituales

Abstract

The new tendencies of Constitutionalism revolve around the protection of social minorities, social pluralism, inclusion and also the freedom of human beings both in their interpersonal relationships and in their way of leading life. In the same way, these postulates are aimed at maximizing the rights of people in a social context in which serious violations, violations and ignorance of the rights of citizens are evident.

In this way, to the extent that there are a plurality of branches of law, these affectations become more evident because the ignorance of occupational, pension, health, and health guarantees, as well as public liberties, such as the free development of personality, freedom of expression or freedom of opinion; freedoms that will be developed in this article through a categorization of them for a broad understanding of this right, which is often affected by the actions or omissions of the State or individuals.

However, it is necessary to emphasize that these affectations or violations of the right to freedom always find protection in constitutionalism, a current in constant evolution and development, which at first was only a limit to the overflowing power of the State but in the Currently, there is talk of a neo-constitutionalism, transformative Constitutionalism or ecological Constitutionalism, which includes not only the protection of human beings but also has biocentric contents of Law in which a living being becomes a subject of rights.

With regard to the transforming Constitutionalism, it must be commented that it consists in the materialization of the rights enshrined in a Constitution, that is, it must be passed from the schematic, solemn or theoretical plane to social reality, and precisely in the present writing the theme chosen is freedom, a right that must not only be a stipulation written in a rule or in a constitutional letter, but must be a reality that can be guaranteed and applied through legal action; either a legal action or through a constitutional action.

In that way, it is necessary to address freedom from different perspectives and thus understand its scope and the ways in which the guarantees that a person has in this matter can be protected, besides being this essential right for a life in decent conditions is a categorical imperative to eradicate all forms that affect it and its various aspects