This term is a precise set of processes and applications aimed at the recovery, classification, and reuse of information, as one of the basic elements of development, which requires the achievement of a philosophical and sociological conception, integrated both into theory as to practice in law.
Introduction
The right is subject to the development of society, because it is the normativity of coexistence and the regulation of the acts of man in it. Therefore, the rhythm of social events is reflected in the content of the laws and in the Social Ombudsman, which is an institution of a social nature in the State of Chiapas, dependent on the state's judiciary, which through laws guarantees the right to defense and access to justice through the guidance, advice and legal representation of the most unprotected population of the state that is not in some cases, in economic conditions to attend on their own the expenses of a judicial process, contributing to overcome social inequalities and consolidate the rule of law.
Deconstruction within the social advocacy
As is well noted, such objectives derive from the need for everyone to have access to justice through free and quality defense and legal assistance, mainly those most vulnerable and vulnerable social groups, such as retirees, pensioners, unemployed, indigenous In general, to all those who for some social or economic reason are not in a position to hire the services of a private attorney.
It is a daily and human task carried out by our institution for society and the family. The same attention is given to women and men as well as minors, involved in legal situations.
Professional services that are provided free of charge and under the principles of honesty, honesty, professionalism and obligation, through the legal staff that works in this General Coordination, such as Social and Legal Defenders.
The defense from the point of view of Dr. Carnelutti
A long time ago, Francisco Carnelutti observed that criminal procedure is the “cinderella” of the process, and that those prosecuted in this forum, when deprived of liberty, are the poor among the poor. The Italian teacher also referred, with insight and elegance, to the miseries of the criminal process, in a beautiful book that bears this name.
Today, criminal prosecution has come out of its "Cinderella" status. It has to its credit with first-rate legislation, doctrine and jurisprudence.
But the accused remains, exactly as he was in the Carnelutti years - and before, always - a helpless person at the mercy of the authority of the State and the harassment of public opinion, which generally condemns him before the trial begins., leaving aside certain guarantees that figure better in rhetoric than in reality, such as the presumption of innocence.
And the criminal process continues to present, to the science and patience of all, in the light of day -a day riddled with shadows-, some of the miseries to which the illustrious scholar referred.
The individual, who requires defense before the judicial process is opened, also needs it when it has concluded, due to the final judgment. In both cases, it is facing the State in a situation of great weakness and, therefore, of severe risk.
I already referred to the accused during the investigation, when he is subject to the "impartial" authority of who will later be his "procedural counterpart" as the accuser.
The situation is not better, but perhaps much worse, when a sentence has been held responsible and imposed, and to execute it, it is handed over to the administration inside a walled compound.
If the defense has gained space in the investigation, it must also gain space in the execution, which should soon reach the institution of the executing judge.
The work that I now comment does not contract the criminal defender. It covers another subject, also included in the current field of public defender, which tends to acquire greater relevance: the adviser.
It is evident that the problem of effective access to justice arises not only in criminal matters, but in others that abound today. The author of the work says it well, with a social and critical sense.
Faculties
In accordance with the Constitution and the Law, the Social Defender is empowered to: Investigate or intervene ex officio or at the request of a party in specific situations.
Any person, free of charge, can present a complaint or petition to the Ombudsman in situations that violate their constitutional rights due to non-compliance with the duties of state entities or in the event of irregularities in entities that provide public services.
Faced with the same violation of human rights, the Social Ombudsman carries out its investigation autonomously, even when the administration of justice is acting. The result of this non-jurisdictional investigation is delivered to the corresponding Judge to help with her function and supervise the result.
Neumann commented on an anecdote about a poster that is read in Mexican prisons, written by an old prisoner: "In this cursed place, where sadness reigns, crime is not condemned, poverty is condemned."
So we have to locate ourselves in this new situation and know about another topic that is also new in history alerted the presence of the socially excluded. Dr. Neumann affirmed that the socially excluded are below slavery. “Throughout history, when we talk about slaves, we talk about people who have jobs. The slave has a project: his freedom.
The socially excluded does not have a job, does not have a project, increasingly believes less in the return to that dignity that work gave him ”.
"With emphasis," he added, "we must affirm that when we speak of socially excluded we must think of them as human beings who wake up every day and do not know if they are going to eat that day. They also have no means of bringing food home. And I ask myself and I ask myself: is it about free beings? ”.
Based on this question, he assured that the duty of the man of law "is to try to warn that hundreds of thousands of people who are the institutes of the State do not know human rights."
Human rights should be the north encouraged, they tell us about man for his mere virtuality of being. However, for these people I mention, human rights are metaphysical.
conclusion
The Social Defender is a good faith Institution, which allows the accused to defend their individual guarantees by means of the Political Constitution, which through the Social Defender, enforces their rights and obligations in the terms of the articles contained in the Codes. State, Federal and supplementary laws, as well as their relatives are legally advised and informed about the monitoring of the process of each of the accused that the Social Defender sponsors, in the same way they provide ancillary to the inmates and relatives although the Ombudsman does not sponsor them.
The Social Defender's Office is in all areas, both in criminal and family matters, civil matters, etc., as it is immersed within the defense of human rights, the duty that it has with society in non-discrimination, both racial and gender equality.
The services provided by the Unit are carried out free of charge for the individual, for which reason it is strictly forbidden to receive or demand payment or remuneration for any reason, whether in cash or in kind.
Taking into account the principles of immediacy and easy access to Administrative Justice, the distance between the Federal entities, the media and means of communication and the possible incidence of issues that the governed may raise, the Unit will have Regional District Ombudsmen State courts, which will have their residence in various municipalities of the entity, in the number that is necessary to meet the workload.
Bibliography
Sergio García Ramírez.- Newsletter of the President of the Inter-American Court of Human Rights and researcher at the UNAM Institute for Legal Research.
Dr. Jorge Sentí Esteban de Noriega Administrative Law II, Lima, 1998
Dr. Elías Neumann, book "Human rights, theory and reality" of the Ombudsman.
