Venezuela, Bolivarian Republic of

Constitution of the Bolivarian Republic of Venezuela

Title III
Duties, Human Rights and Guarantees

Chapter I
General Provisions

Article 26: Everyone has the right to access the organs comprising the justice system for the purpose of enforcing his or her rights and interests, including those of a collective or diffuse nature to the effective protection of the aforementioned and to obtain the corresponding prompt decision.

The State guarantees justice that is free of charge, accessible, impartial, suitable, transparent, autonomous, independent, responsible, equitable and expeditious, without undue delays, superfluous formalities or useless reinstating.


Article 27: Everyone has the right to be protected by the courts in the enjoyment and exercise of constitutional rights and guarantees, including even those inherent individual rights not expressly mentioned in this Constitution or in international instruments concerning human rights.

Proceedings on a claim for constitutional protection shall be oral, public, brief, free of charge and unencumbered by formalities, and the competent judge shall have the power to restore immediately the legal situation infringed upon or the closest possible equivalent thereto. All time shall be available for the holding of such proceedings, and the court shall give constitutional claims priority over any other matters.

The action for the protection of liberty or safety, may be exercised by any person and the physical custody of the person of the detainee shall be transferred immediately to the court, without delay.

The exercise of this right shall not be affected in any way by the declaration of a state of exception or restriction of constitutional guarantees.

Keywords

Fair trial standards



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