REPBLICA BOLIVARIANA DE VENEZUELA

MISTERIO DEL P.P PARA LA EDUCACION SUPERIOR

UNIVERSIDAD YACAMB

RULE OF LAW, DEMOCRACY AND HUMAN

RIGHTS IN VENEZUELA

Por
Paula Brito
CI: 14718539

A rule of law is that one that follows a law system and all the institutions are
organized around the Constitution, any action must follow a written law; the rule of
law is based on four pillars: the pillar of legality, obligatory natureof the right toward
the state, the supremacy of the Constitution and the responsibility of the state for
the actions of the citizens. The law is the instrument to guide the behaviour of the
citizens. The transparency, predictability and generalities are implicit on it. This
makes the interactions between humans easy, and allows the effectiveand efficient
prevention and pacific solutionof conflicts; and help the sustainable development
and social peace.
The human rights are a necessary condition for the existence of a fair society.
The concept has a politics background. Its final definition you cannot find it in the
field of values and juridical principles (even though it requires them) but in the
foundations of the society, in other words, in the system of institutions that allow
the classification of a society as democratic, it crushes with the totalitarian and
autocratic systems, its basic principal is that not all legality is desirable, though it is
effective in contemporary societies it poses challenges to the rule of law.
In Venezuela the constitutional tradition has established the guidelines of the
rule of law and the article 2 in the 1999 Constitution declares that Venezuela
constitutes a democratic, social and justice State that declares as supreme values
of its juridical order and performance, the life, freedom, justice, equality, solidarity,
democracy, social responsibility, and in general, the supremacy of the human
rights, the ethic and politics pluralism. Venezuela until the end of the last century
was thought as a nation that has accomplish to build what it was probably, the
most solid democracy of the American continent.
At the beginnings of the nineties, in a crises that would disrupt the foundations
of country political system, with the arrival of Hugo Chavez Fras to power and the
promulgation of the 1999 Constitution, it changed from a representative to a
participative democracy. For this reason, the present paper wants to approach the
situation of the rule of law in Venezuela as an object to reflect about the importance
of the existence and the respect thereof for the implementation of the fundamental

rights of all the citizens, and the necessary correspondence that must exist
between the content of the laws that form the Venezuelan law and the reality of the
country.
From 1958 until December 1999, the State was centralized in political parties
and the leaders took the absolute control of all the social spaces, leaving the
citizens without power to participate actively within the political area. As a
consequence the political parties stopped being the intermediaries between the
State and the citizens, in other words, ideologically the democratic society move
forward by asking changes, but the political parties didnt answer to this symptom
of maturity and the social modernity that the times required. This created
dissatisfaction and leaving the way open to the advance of new democratic
alternatives that at that moment were represented by the citizen Hugo Rafael
Chavez Fras.
The new idea of a participative constitution that establishes the common
language of the human rights in Venezuela: rights of nationality and citizenship,
civil rights, political rights, social rights and right of the families, cultural and
educational rights, economical rights, rights of the indigenous people and
environmental rights, according to this the population in general has guaranteed its
rights but in practice they are not fulfilledbecause the current situation of the
country,theineffectiveness

of the state institutions, the economic collapse, the

political crisis that suffers the country between other, dwindle little by little the rights
of the citizenship in general.
An example, the right to food, each day you can observe how the population is
losing this right as a consequence of the lack food in the market, indifferently if it is
due to the bad practices of the Government on this issue or by what is called the
economic war; the right to life is falling apart due to thegrowth of crime in the
country, the society has corrupted thanks to the impunity and corruption of the
members of the police department. For these reasons, we must revert the whole
process that little by little degrades the human rights of the Venezuelans, with
politics that fight the artificial circumstances that are affecting to Venezuelans.

Like this, we can recognize the importance of human rights, giving a step
further, like the fundamental value of the World Society. Over the Human Rights
are structured the other rights. It is from them and by their fulfilment that we can
approach to forms of life more healthy, humans and respectful, with more tolerance
and harmony between the nations. For this, and so the system has sense and
shape, we must safeguard between all, the continuity of the right where they are
recognized, in the Constitutions, but mainly, the mission of the institution must
pretend the extension and the effective application of the rights in the places where
their existence is unknown.
In conclusion, we highlight, not only of the relevancy that they have acquire at
juridical level in Occidental democracies, but as the substratum from which the
humanity must nourish, trying to preserve them, for those who had the bad luck of
being born in those places where they are not recognized or respected.