Las libertades de expresión y de reunión en la Constitución Española : breve apunte sobre los "escraches" como punto de confluencia entre ambas libertades

Translated title of the contribution: Freedom of expression and assembly in the Spanish constitution :: notes on "escraches" as a point of convergence between both liberties

Research output: Contribution to journalArticleDissemination

Abstract

The right to peaceful assembly is a collective manifestation of the freedom of expression, and therefore is a free public opinion guaranty, and also enforces democratic principle of participation such as the freedom of speech. The symbiotic connection between both fundamental rights is the main object of these pages: after doing an individual review of each right, this contribution examines the points of convergence between both rights, specifically, through the so-called "escraches". The "escrache", as will be seen, is nothing more than a form of exercise of the right of assembly through which freedom of expression is enhanced. But the fact of having been designated by that name, especially by the media, has led to forget, often, its nature as a fundamental right and is identified with an annoying and disruptive behavior that can violate different individual rights. This paper, however, is focused on the legal nature of the so-called "escrache", and proposes criteria for solve the conflicts between that and other rights. And it is proposed, therefore, that the "escrache", same as freedom of expression and the right to assembly, has a predominant value against the rights of the private sphere. Only through a proper weighting that should start from this point and use interpretive criteria derived from the singular objective dimension of the "escrache" (guarantee of free public opinion and the democratic principle of participation) can constitutionally limit that form of exercise the fundamental right of assembly.
Translated title of the contributionFreedom of expression and assembly in the Spanish constitution :: notes on "escraches" as a point of convergence between both liberties
Original languageSpanish
Pages (from-to)0029-56
Number of pages28
JournalEspaço Juridico Journal of Law (EJJL)
Volume14
Issue number3
Publication statusPublished - 2013

Keywords

  • Libertad de expresión
  • Derecho de reunión
  • "Escrache"
  • Derecho fundamental
  • Freedom of expression
  • Freedom of assembly
  • Fundamental rights

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