Publicación: La prueba de alcoholemia. ¿Un deber legal que delimita o restringe el contenido esencial de un derecho fundamental?
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This research is intended to present one of the most relevant issues of constitutional law, such as the great discussion about the presence of fundamental rights in the Constitutional Democratic State, and a legal provision such as Article 5 of Law 1696 of the December 19, 2013, especially paragraph 3 of this same article that briefly states that “To the driver of the motor vehicle who, despite being required by the traffic authorities, with full guarantees, does not allow the performance of physical tests or clinics…, ”will be subject to a series of sanctions1 which in themselves at a certain moment may be considered disproportionate, for which reason this rule would be infringing the essential contents or essential nuclei of some fundamental rights. And this is so, because there is “A notable paradox of fundamental rights, which is that, primarily in the case of barriers to the legislator, their full effectiveness is often in need of legislative collaboration. (...) Thus, fundamental rights are, at the same time, a limit against the Law and the object of their regulation. different legal reservations regarding fundamental rights, that is, to delimit the respective areas…; the second classification, on the other hand, is crucial to adequately approach the problem of the delimitation and restriction of fundamental rights.