LA DETENCIÓN Un conflicto entre libertad y seguridad

(Análisis desde la perspectiva del “consumo del derecho fundamental”)

Abstract

In our cultural environment the design of rationally acceptable conditions for coexistence assumes, from an individual perspective, the recognition of certain rights and the need for security. In the confl ict that arises between freedom and security, the question of arrest becomes particularly relevant because of its extraordinary quantitative impact on the Spanish population. Because of this, the need for regulation in the overall practice of this state activity becomes unavoidable, the habeas corpus process being insuffi cient. We should not forget that to the extent that it is a restriction on freedom, the state “burns” a precious “fuel” in carrying out such activity. Th us, we must develop mechanisms that allow us to know if it is being burnt excessively or effi ciently. Because of the characteristics of this “fuel”, state ineffi ciency is a violation of citizens’ rights.