Resumo

CHIRINOS PORTILLO, Loiralith Margarita  e  CHIRINOS PORTILLO, Lisbeth Milena. Legal nature of due process within the framework of the 1999 Venezuelan Constitution: human right, legal guarantee or principle?. Cuest. Pol. [online]. 2024, vol.42, n.81, pp.18-38.  Epub 26-Fev-2025. ISSN 0798-1406.  https://doi.org/10.5281/zenodo.14927389.

Due process is one of the fundamental tools for the prevalence and preservation of the Rule of Law, as it represents the accumulated core of a set of guarantees and principles of strict observance in the procedural instances, aimed at compliance and ensuring the right to defense of every person. The objective of the research is to identify due process as a human right, as a legal guarantee, or as a legal principle. The research is developed in accordance with the documentary research strategy, based on the analytical method. The recognition of due process as a human right is justified, configured by guarantees and principles of a procedural and substantive nature, whose goal is the confirmation of the dignity of every person who is in any type of procedural relationship. Article 49 of the Venezuelan Constitution should at no time be considered exhaustive or sufficient in terms of the number of rights, guarantees or structuring principles thereof, so it is recommended, at the time of interpreting this norm, to apply a systematic and teleological criterion that allows an expansion of the right to due process, which is consistent with the principle of progressiveness of human rights.

Palavras-chave : due process; Constitution of the Bolivarian Republic of Venezuela of 1999; human right; legal guarantee; legal principle.

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