La compañía de seguridad privada y la exigencia del certificado de antecedentes penales para sus socios.

Abstract

The partners that are part of the different types of companies established in “La Ley de Compañías” have obligations as protected rights in both special laws and in the “Carta Magna”. This represents a violation of their rights to be required as a sine qua non, the criminal record certificate for the constitution and registration of a private security and surveillance limited company. It’s evident that it would be going against the express constitutional rule, which generates a discriminatory treatment. “El reglamento de la ley de Vigilancia y Seguridad Privada”, establishes that to register a company that has already been constituted in the special registry of the Joint Command of the Armed Forces, “C.C.F.F.A.A”, the police record certificate of the partners must be attached, regulatory entity of carrying weapons and the control of companies that provide surveillance and private security services, however “La Ley de Vigilancia y Seguridad Privada” stipulates exhaustively who can’t be partners, which includes those who have received final conviction. The general object, besides being the transcendental incentive in the decision to elaborate the present investigation topic, is to introduce students, professionals, and legal scholars, the violation of constitutional rights that is happening by requiring as an essential requirement for the registration of these type of companies the police records of those who are part of it. Producing a defenseless state to those partners that at some point where prosecuted for committing a crime and that have received final conviction, without a distinction if the crime committed was intentional or deceitful. The methodology used in the present degree work was inductively, so that the logical support of the premises adheres to the legal articles. Producing a situation of discrimination for those rehabilitated citizens that decide to be part of a private security and surveillance limited company.