Abstract

RUIZ MEDRANO, Salvador Francisco. Of the Law Sinde in Spain and its repercussions in terms of fundamental rights and its possible influence in Mexico. Investig. adm. [online]. 2010, vol.39, n.105, pp.61-72. ISSN 2448-7678.

Sinde Law in Spain and its impact on Fundamental Rights and its possible influence in Mexico.

As a primary objective of this article, a critique framework of the "Law Sinde, recently approved by the Spanish Congress, which has as main task the closure of webSites containing links to downloads of copyrighted material content Intellectual Property. Such acts are analyzed from a legal point of view two main arguments, one that is a violation of human rights, if we stick to the freedom that human beings possess, access to information and culture, embodied in the Charter on the Rights of Man, and, second, that a provision is legal, but nevertheless leaves an administrative body to prevent access to such web Sites, which produces the result that people are in a state of helplessness in not being able to go to a hearing and due in court, i. e. it is a body that has powers to overextend itself by invading the area of jurisdiction.

Results shown here as a conclusion, with the aim of making the reader think that we are approaching a tipping point where if they are not respected the fundamental rights of access to culture, information, through the private copying right, we enter a downward spiral where only those who have sufficient financial income will have such access, while other people have only a very limited or no access to information, with serious social consequences that would entail.

Keywords : Sinde Law; Intellectual Property; Copyright; Private Copying; Sharing Networks; Human Rights.