Countries of the World/COUNTRYS.BIN/dp/0401/04017.txt

Text File | 1991-06-25 | 30KB | 627 lines

$Unique_ID{COW04017}
$Pretitle{271}
$Title{Venezuela
Titles II and III}
$Subtitle{}
$Author{Government of Venezuela}
$Affiliation{Embassy of Venezuela, Washington DC}
$Subject{article
law
public
right
state
established
rights
social
establish
conditions}
$Date{1961}
$Log{}
Country:     Venezuela
Book:        Constitution of Venezuela
Author:      Government of Venezuela
Affiliation: Embassy of Venezuela, Washington DC
Date:        1961

Titles II and III

Title II Nationality

     Article 35. The following are Venezuelan by birth:

     1. Those born in the territory of the Republic;

     2. Those born in foreign territory of native-born Venezuelan father and
mother;

     3. Those born in foreign territory of a native-born Venezuelan father or
a native-born Venezuelan mother, provided that they establish their residence
in the territory of the Republic or state their desire to take Venezuelan
nationality; and

     4. Those born in foreign territory of a naturalized Venezuelan father or
naturalized Venezuelan mother, provided that before reaching eighteen years of
age they establish their residence in the territory of the Republic and before
reaching twenty-five years of age they state their desire to take Venezuelan
nationality.

     Article 36. Foreigners who obtain a certificate of naturalization are
Venezuelans by naturalization.

     Foreigners who by birth have the nationality of Spain or of a Latin
American State shall enjoy special facilities in obtaining a certificate of
naturalization.

     Article 37. The following are Venezuelan by naturalization whenever they
state their desire to be so:

     1. A foreign woman married to a Venezuelan;

     2. Foreign minors as of the date of naturalization of the person who has
parental authority over them, if they reside in the territory of the Republic
and make the statement before they reach twenty-five years of age; and

     3. Foreign minors adopted by Venezuelans, if they reside in the territory
of the Republic and make the statement before they reach twenty-five years of
age.

     Article 38. A Venezuelan woman who marries a foreigner retains her
nationality unless she states her desire to the contrary and, according to the
national law of her husband, acquires his nationality.

     Article 39. Venezuelan nationality is lost:

     1. By option or voluntary acquisition of another nationality;

     2. By revocation of naturalization through a court judgment according to
law.

     Article 40. Venezuelan nationality by birth is recovered when the person
who has lost it becomes domiciled in the territory of the Republic and states
his desire to recover it, or when he remains in the country for a period of
not less than two years.

     Article 41. The statement of desire contemplated in articles 35, 37, and
40 shall be made in certified form by the interested party if over eighteen
years of age, or by his legal representative if he has not reached that age.

     Article 42. The law shall enact, in accordance with the spirit of the
foregoing provisions, the substantive and procedural rules relating to the
acquisition, option, loss, and recovery of Venezuelan nationality, shall
resolve conflicts of nationality, shall establish the requirements, favorable
circumstances, and formalities, and shall regulate the loss and annulment of
naturalization by expression of desire and by the obtaining of a
naturalization certificate.

Title III Duties, Rights and Guarantees

CHAPTER I General Provisions

     Article 43. All persons have the right to the free development of their
personality, with no other limitations than those deriving from the rights of
others and from the public and social order.

     Article 44. No legislative provision shall have retroactive effect except
when it imposes a lesser penalty. Procedural laws shall apply from the time
they enter into force, even in cases that are pending; but in criminal trials
evidence already introduced, insofar as it is beneficial to the defendant,
shall be weighed in accordance with the law in force at the time it was given.

     Article 45. Foreigners have the same duties and rights as Venezuelans,
with the limitations and exceptions established by this Constitution and the
laws.

     Political rights are reserved to Venezuelans, except as provided in
article III.

     Venezuelans by naturalization who have entered the country before they
reached seven years of age and have resided there permanently until they
attained their majority shall enjoy the same rights as Venezuelans by birth.

     Article 46. Any act of the Public Power that violates or impairs the
rights guaranteed by this Constitution is void, and the public officials and
employees who execute it shall be held criminally, civilly, or
administratively liable, as the case may be, and orders of superiors
manifestly contrary to the Constitution and the laws may not serve as an
excuse.

     Article 47. In no case may Venezuelans or foreigners claim indemnity from
the Republic, the States, or the Municipalities for damages, loss, or
expropriation not caused by legitimate authorities in the exercise of their
public office.

     Article 48. Any agent of authority who carries out measures restricting
freedom must identify himself as such when the persons affected so demand.

     Article 49. The Courts shall protect every inhabitant of the Republic in
the enjoyment and exercise of the rights and guarantees established in this
Constitution, in conformity with the law.

     Proceedings shall be brief and summary, and the competent judge shall
have the power to reestablish immediately the legal situation infringed.

     Article 50. The enunciation of rights and guarantees contained in this
Constitution should not be construed as a denial of others which, being
inherent in the human person, are not expressly mentioned in it.

     The lack of a law regulating these rights does not impair the exercise
thereof.

CHAPTER II Duties

     Article 51. Venezuelans have the duty to honor and defend their country,
and to safeguard and protect the interests of the Nation.

     Article 52. Both Venezuelans and foreigners must comply with, and obey
the Constitution and the laws, and the decrees, resolutions, and orders issued
by legitimate organs of the Public Power in the exercise of their functions.

     Article 53. Military service is compulsory and shall be rendered without
distinction as to class or social condition, in the terms and on the occasions
fixed by law.

     Article 54. Work is a duty of every person fit to perform it.

     Article 55. Education is compulsory to the extent and under the
conditions fixed by law. Parents and representatives are responsible for
compliance with this duty, and the State shall provide the means whereby all
may comply with it.

     Article 56. All persons are obligated to contribute to the public
expenditures.

     Article 57. The obligations that belong to the State with respect to the
assistance, education and well-being for the people do not exclude those
which, by virtue of social solidarity, are incumbent on individuals according
to their capacity. The law may impose compliance with these obligations in
cases where it may be necessary. It may also impose on persons who aspire to
practice particular professions the duty to render services for a certain time
in such places and under such conditions as are indicated.

CHAPTER III Individual Rights

     Article 58. The right to life is inviolable. No law may establish the
death penalty nor any authority carry it out.

     Article 59. Every person has the right to be protected against injury
to his honor, reputation, or private life.

     Article 60. Personal liberty and safety are inviolable, and consequently:

     1. No one may be arrested or detained, unless caught in flagrante, except
by virtue of a written order of an official authorized to decree the
detention, in the cases and with the fo