Abstract

PEROZO, Javier  and  MONTANER, Jessica. Legal Guardianship in the Constitution of the Bolivarian Republic of Venezuela. Frónesis [online]. 2007, vol.14, n.3, pp.53-74. ISSN 1315-6268.

The purpose of this study was to analyze effective legal guardianship contemplated in the Constitution of the Bolivarian Republic of Venezuela. Methodology used consisted of a bibliographic review corresponding to the proposed theme. It was found that two opposing currents exist that define the right to effective legal guardianship: one indicates that it is limited to what is established in article 26 of the Constitution of the Bolivarian Republic of Venezuela; the other current affirms that the right to effective legal guardianship is defined by articles 26 and 49 referring to constitutional guarantees integrated by due process. Conclusions were that effective legal guardianship is a broad right that is expressed in the second current.

Keywords : Effective legal guardianship; right; constitutional guarantee; due process..