El lanzamiento de vivienda como proceso de ejecución con todas las garantías

Abstract

In the process of eviction from house are involved applicant's fundamental rights (as the right to property and the right to enforcement within a reasonable time of judgments) and fundamental rights of the defendant (those which protect certain vital conditions as physical integrity or privacy, for example, and, of course, housing rights). The key issue is whether it is for the courts to develop judicial processes to give effect to all rights in presence (through proportionality analysis) or, conversely, whether the court should simply hand the property to the plaintiff, whatever the consequences for the occupants evicted, leaving to other branches of government the responsibility to avoid the defendant�s rights from being undermined. Only the first option constitutes a due process as a human and fundamental right that, simultaneously, avoid the forced eviction forbidden by the international human rights Law, the Spanish Constitution and the Civil Procedure Law.