The Legal Person as a Beneficiary of Fundamental Rights and Constitutional Protection in Honduran Justice

Abstract

Fundamental rights emerge as a result of the social fight of the citizens of a State seeking an effective improvement of the human conditions in which they live. Therefore, constitutional rights arise from the creation of formal Constitutions, since their historical and democratic construction through the experience from constituent processes in the US and in France allowed for the recognition and establishment of a minimum catalogue of rights that operate as a mechanism of guarantees for each individual, establishing at the same time limitations over the public or private exercise of power.

 In that regard, this article aims to determine whether or not legal entities in Honduras are beneficiaries of fundamental rights, for which purpose an analysis has been considered to determine the origin, nature and purpose of fundamental rights, along with an assessment of the constitutional doctrine of the theory of attribution of entitlement to such rights, in order to observe our own constitutional and legal reality in view of the principles and purposes of our founding text, debating about the existing antinomies in the antagonistic relationship in the sphere of entitlement to fundamental rights between individuals and legal entities.