La tutela del derecho de la identidad frente a los errores judiciales en la inscripción de la muerte presunta: análisis de la sentencia Nro. 165-19-JP/21

Abstract

In the present analysis of Judgment 165-19-JP/21, it is highlighted that a person who is declared deceased through presumed death, despite being alive. At the moment of recovering life, they encountered obstacles from the Civil Registry, as an adequate solution was not provided, nor was provisional documentation delivered. Therefore, the Constitutional Court concludes that the rights to identity were affected as well as the public service. However, it was clarified that annulment is not applicable because it must be resolved through the ordinary route and does not fall within the constitutional scope.