La inconstitucionalidad de los arrestos disciplinarios aplicados con base en el Reglamento Sustitutivo al Reglamento de Disciplina Militar.

Abstract

This is a theoretical case study on the unconstitutionality of disciplinary arrests, applied as a sanction to the personnel of the Armed Forces based on the Substitute Regulation to the Military Discipline Regulation. It is a pertinent issue because it addresses a latent problem in which rights enshrined in the Constitution could collide with what is regulated in an infra-constitutional norm. For the development of the work, the study of articles 68 literal b), 69 literal a) and b), and 70 literal a) and b) of the Substitute Regulation to the Military Discipline Regulation, which are related to the imposition of arrest as a disciplinary sanction, in order to verify if they are unconstitutional due to their possible violation of the constitutional right of every person to freedom. The field of action is constitutional law and the military disciplinary regime; the methodological approach will have a theoretical component and the corresponding procedures will also be based on the stated objective. As conclusions, the investigative question is demonstrated by which the unconstitutionality of the application of the regulation in question is revealed.