¿Cuándo una medida es ‘privativa de la libertad’?

Abstract

In this paper, the author seeks to offer an approach towards the criteria in deciding whether or not an action amounts to a deprivation of liberty. According to the article, to define if an action could be considered a deprivation of liberty it is necessary to take into account two secondary issues. First, which is the liberty or freedom affected with a deprivation of liberty? Second, what does such freedom mean and what is its structure? After responding to those questions, the paper answers the main issue and holds that a deprivation of liberty occurs when an action interferes superlatively in the individual’s possibilities of relating with everyone else or of not doing it.

Keywords

• right to liberty
• deprivation of liberty
• restrictions on human rights
• transitory detention
• alexy