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MEANING OF CONSTRAINT

MEANING OF CONSTRAINTThe term constraint has many meanings, some of them linked to the legal and legal sector. Next we will go on to explain each one of them, taking into account what is exposed in the DigoPaul dictionary.

In the first place, the concept refers to the action and effect of urging; This verb is synonymous with squeezing, oppressing, or compelling someone, having some kind of authority over them. It can serve to compel someone to hurry up with a certain thing.

In the field of law, it has several uses, including:

* Surcharge of contributions or taxes after the delay in a payment. According to what certain laws dictate, the judicial authority can issue a fine for a prolonged non-payment.

* Order of judicial authority to compel a payment. The judicial authority has the capacity to compel a person to make the payment of a certain amount or the performance of another obligatory act as a constraint.

It is important to note that this judicial procedure is launched when, after the issuance of an administrative act that sets an obligation on someone, they do not comply. Then, the authority must take enforcement measures that generally consist of the imposition of a fine or the seizure of the assets of the accused.

In Roman law, a form of personal guarantee that consisted of the corporal submission of the debtor towards his creditor was known as individual constraint. In this way, when the debtor did not fulfill his obligations, the creditor could force him to work for him until the debt was paid, which was a form of slavery since the working rules and conditions were set by the creditor and the debtor did not. she could refuse to comply religiously with him.

Illegal constraints: legal figure

In some countries, such as Argentina, there is a legal figure known under the name of illegal constraints. It is linked to crimes committed by public officials that violate the individual liberty of a citizen. If an official abuses his authority, in breach of the formalities that the laws dictate and imposes torture or torment on a citizen in order to obtain any benefit, he incurs the crime of illegal constraints.

This kind of faults have appeared repeatedly throughout history. Being a recent example, the multiple trials carried out against members of the armed forces, accused of the kidnapping and disappearance of people during the successive military dictatorships that took place in Argentine territory. Many of these trials ended with the condemnation of the accused, and others with a pardon for not being able to reliably prove the facts imputed to them.

It should be mentioned that this accusation is usually one of the most frequent in trials against executives and members of the different security forces of the countries, however in other territories it receives other names. And that in many countries, given the great affinity that exists between the leaders of governments and the national armed forces, there is a constant cover-up of these crimes, which makes it harder for citizens to collect hard evidence, since the same they are systematically erased or canceled.

The crime of illegal constraints is one of the most serious because it highlights the failures of the leaders, and can lead to a weakening of the power or the democratic system that supports it; For this reason, under the argument of ensuring democracy, crimes and criminal acts of considerable gravity are allowed to pass. In addition to this, in many places the judicial system also defends its own interests, which are generally linked to those of the politicians themselves.


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