HORIZONTAL PROTECTION OF HUMAN RIGHTS BETWEEN INDIVIDUALS: SUMMARY CIVIL PROTECTION OF CIVIL LEGITIMATE INTEREST IN HONDURAS

Abstract

The objective is to differentiate the protection of rights and protection of legitimate interest in the Honduran Code of Civil Procedure, as well as to characterize summary protection as a means of protecting human rights between individuals. The classical doctrine of human rights revolves around the premise of asymmetry between the State and citizens due to the exercise of power by public officials, a current premise in modern political society characterized by the suspicion of those who suffer power and the fascination of those who exercise it. Already in postmodernity the structure of power changes, in an increasingly free society, at least on the objective plane of oppression, power is increasingly invisible and internal, in this social self-regulation the mechanics of power is diffuse and exercised by the members of society. In view of this, what is the difference between the protection of rights and the protection of the legitimate interest of respect for human rights between individuals and their characteristics? It is based on the premise that the opposability of these against individuals constitutes their adjective characterization and that every adjective right needs a substantive right to protect it, this being the function of summary protection contained in the Honduran Civil Procedure Code. The method of domestic comparative law is used.