Indulto particular: Perfeccionamiento de una institución arcaica hacia la protección de derechos fundamentales

Abstract

A pardon is a presidential power of ancient data and traditional development in our country, being a discretionary power tends to the violation of fundamental rights as well as the possible infringement of international law, hence this legal instrument has brought harmful consequences in the application of justice, a phenomenon that usually occurs when such power is improperly exercised. According with what has been explained a critical analysis is developed concerning the advantages and disadvantages of this legal instrument, focusing on the present requirements of the Rule of Law in relation to the respect for fundamental rights, which has urged us to call for a debate on the existing legislation on the subject. In order to achieve that goal, this work presents a modern proposal, which expects to increase transparency in the exercise of this power, so that generates equity and contributes to the common good of oursociety.