Abstract

GIL CIFUENTES, Juan Carlos. The due process in the Habeas Date act. rev.ces derecho [online]. 2017, vol.8, n.1, pp.191-204. ISSN 2145-7719.

In order to analyze how the due process is immersed in Habeas Data Law, this article is structured on the basis of the very conception of fundamental rights in the Social State of Law, allowing to locate and to develop more easily the concept of Due Process and its application in different areas to judicial and administrative instances. Subsequently a deepening of the Habeas Data concept is carried out, resorting to the antecedents in which its inclusion in the Political Constitution of Colombia originates and its subsequent development through Statutory Law 1266 of 2.008. With both concepts in mind, finally, we look at the ways in which the Due Process is indissolubly part of both the general structure of the Habeas Data Act and, in particular, the procedure for producing negative reports in The central ones of risk. The right of probationary contradiction in the oral trial stage becomes the opportunity for the defendant to defend himself, to refute and oppose the statements made by the opposing party, to provide elements that allow him to misrepresent what was said against him

Keywords : Due Process; Due process inter privates; Human Dignity; Fundamental Rights; Social State of Law; Habeas data.

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