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Recognizes and protects "the
right to freely communicate or receive…
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Recognizes and protects "the
right to freely communicate or receive truthful information. The Law will regulate the right to the clause of conscience and professional secrecy in the exercise of these freedoms
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Professional secrecy of the lawyer imposes on him, due to the particularities of his activity
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Although professional secrecy is mentioned in the transcribed articles referring to the rights of communication, information and defense, the truth is that it is also directly related to the protection of other fundamental rights.
The art. 24.2 last paragraph of the C.E. in turn provides: "the Law will regulate the cases in which, due to kinship or professional secrecy, one will not be obliged to testify about allegedly criminal acts"
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Using legal professionals for his defense, the lawyer will not be able to act against those rights, revealing
what the Legal System allows its owner to keep
In the protection of the right of defense recognized in art. 24 C.E. Thus, if the list of rights recognized in art. 24 CE allows the client not to plead guilty and not provide evidence against himself, imposing the obligation (except Misdemeanor Trials).
Art. 18 E.C. Privacy as a personality right constitutes a "generic" or basic legal foundation of the institution of professional secrecy, without prejudice to the fact that in a detailed analysis of different professions other foundations appear that occasionally displace it in importance.
Specify what legal assets are protected by it, which will affect the determination of what is the ultimate foundation of the legal creation of professional secrecy.
In this way, it can be affirmed that the legal figure of professional secrecy is crucial for the protection of rights
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Professional secrecy has no
legislative development, which causes many problems for the different sectors
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