Resumen

GUILLEN PEREZ, Valentín. Dogmatic Problems Regarding the Application of Article 20.2.B of the Organic Law 4/2015, Dated March 30th, of Public Security Protection: Special Consideration When it Involves Intimate Parts. Possible Solutions According to Case-Law Doctrine. Bol. Mex. Der. Comp. [online]. 2019, vol.52, n.155, pp.897-938.  Epub 28-Feb-2021. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2019.155.14951.

Article 20.2.b of Organic Law 4/2015, on the Protection of Citizen Security express: “...exposing body parts normally covered by clothing...”. This constitutes a figure of protection body that we call “partial nude”. This figure poses a problem that requires delimiting the elements that configure it and distinguish it from other related behaviors. In this sense, we understand that it is an intermediate practice between integral nudity and frisking, and therefore, the aforementioned expression is still vague and imprecise, inasmuch as it stages the possible violation of the right to bodily privacy, and from the beginning to human dignity, especially if these actions are directed towards the intimate parts of the body. This study aims to delimit the most accepted doctrinal and jurisprudential positions in this regard and that, as far as individual rights are concerned, they are less harmful to the person exposed to this legitimate police practice, as long as the circumstances and requirements for it.

Palabras llave : Semi-Nude; Frisking; Total Undressing; External Surface Frisk; Right to Body Privacy; Human Dignity.