La detención y el internamiento de extranjeros

Abstract

The present Thesis is in de Law of foreigny. The objectof the Thesis to confine oneself a field in the Law of Foreigny, related to the detention and the internament of foreigners previos to his expulsion, doing reference, to aspects administratives, workables, or penals in whose can be the foreigners. The intention is to examine if the caution measure of the detention and the preventive measure of the internament in penitenciary center, and the decision of the expulsion, are necesaries for protect the interestes of the State, und if it does the adequate control judicial of the decisions abaut rights fundamentals of the foreigners und, exactly, the rigths affected for that measures, for exemple the right to the liberty und security personal (art. 17 CE), the defence right (art. 24 CE) und the liberty residende right (art. 19 CE). The present regulation of that theme is in the LO 4/2000 of rights und liberties of the foreigners und theirs social integration, reformed by the organics rules 8/2000, 11, 2003, und 14/2003. The sanctiony regime of the LaW regulates the expulsion of the foreigners as the sanction more specific then affects to the right to the free circulation, distinguishing between administrativa and judicial expulsion. The administrative expulsion distinguishes as sustitutian of the sanction of fine (art. 57.1 LO 4/2000) and the happened expulsion in supposed of confoundeds foraigners (art. 57.2 LO 4/2000). The caution detention regulated in the Foreigny Law, for the expulsion of the national territory, regulates the next supposeds: 1. For the incloaction of a procediment of expulsion; 2. For disobedience of the order de expulsion; and 3. For the return of the foreign who intents to enter unlwfully in the country; ar for the return of the foreign who in frontier can¿t enter in the country. The internament to be whit preventive character, in of a administrative proceding and that supposes a personal compulsion that affects to the liberty personal right. The judicial authorization corresponds to the judge of instruction, and the internal foreign is to the disposition of the judicial authority.