Rafael Carlos Balbuena Pucheu
President of the firm · Attorney and notary
Constitutional law and amparo
ES
Practice area
Constitutional law and amparo
When an authority or a private party violates a fundamental right, the Dominican Constitution offers fast-track protection: amparo, habeas corpus against unlawful deprivation of liberty and habeas data for control over personal data. The president of the firm has practiced in this field for decades.
The Constitution of the Dominican Republic recognizes the guarantees of amparo, habeas corpus and habeas data, and Ley 137-11, the Organic Law of the Tribunal Constitucional (Constitutional Court) and of Constitutional Procedures, governs their procedure. They are summary actions, with short deadlines and without the formalities of an ordinary trial, designed to quickly restore the violated right.
The firm practices in this field with the experience of its president, Rafael Carlos Balbuena Pucheu, who has devoted decades to constitutional law and to habeas data, habeas corpus and amparo actions, and with attorneys holding postgraduate degrees in constitutional law.
Common situations
Irregular detention or deprivation of liberty
Habeas corpus action so that a judge immediately reviews the lawfulness of the detention.
Violation of rights by an authority
Amparo action against acts or omissions of the administration that infringe fundamental rights.
Inaccurate personal data or data used without authorization
Habeas data to access, correct or delete information held in public or private records.
Disputes with private parties that affect fundamental rights
Amparo is also available against the actions of private individuals or legal entities.
How Balbuena Camps helps
Assessing the right remedy
We determine whether amparo, habeas corpus, habeas data or an ordinary action is the appropriate route.
Fast action
These actions have short deadlines; we prepare the petition and the evidence with the urgency they require.
Appeals before the Tribunal Constitucional
Constitutional review of amparo judgments before the Tribunal Constitucional (Constitutional Court) when the decision fails to protect the right.
How the process works
Analysis of the affected right
Identification of the fundamental right and of the act that violates it.
Action before the competent court
Filing of the petition and the evidence; the court schedules a hearing within short deadlines.
Judgment and enforcement
Obtaining the decision and following up on its compliance.
Attorneys who handle this area
Where we serve
- Puerto Plata Office
Frequently asked questions
What is the difference between amparo and habeas corpus?
Habeas corpus specifically protects physical liberty against unlawful arrests or detentions. Amparo protects all other fundamental rights against acts or omissions of authorities or private parties.
Is there a deadline for filing an amparo action?
Yes. Ley 137-11 sets a short deadline counted from the moment the affected person becomes aware of the harmful act, with exceptions. It is advisable to act without delay.
Sources and legal references
- Constitution of the Dominican Republic (External link)Citation pending verification
- Organic Law 137-11 on the Constitutional Court and Constitutional ProceedingsCitation pending verification
- Legal review
- Pending review by an attorney
The information on this page is general guidance. It is not individualised legal advice and does not create an attorney-client relationship. Every situation should be assessed with an attorney.
Consultation
Protect your fundamental rights
If an authority or a private party violates a fundamental right, contact us as soon as possible: the deadlines for these actions are short.
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