DREPTUL PERSOANELOR PRIVATE DE LIBERTATE LA PETIȚIONARE, ÎNTRE UZ ȘI ABUZ

The abuse of petitions committed by the natural persons is the most common form of abuse of law as the elements necessary to qualify a right as being abusively exercised, namely the subjective element (bad faith) and the objective element (diversion of the right from the purpose, economic and social finality or overcoming the internal limits of the law) presuppose a conduct of the holder of the right related to his mental ability to understand the meaning of the deed, to discern between what is good or bad, legal and illegal.
This study analyzes the forms of abuse of right committed by persons deprived of liberty both at the level of courts of law and at the level of the offices of supervisory judges, as well as the psychic attitude of the subject towards the possibility of realizing the right in contradiction with its destination and purpose, and towards the consequences that may represent damages to the person, society or state.
Even if the persons deprived of liberty constitute a vulnerable category of persons, the recognition of the right of access to justice, to petition, as well as of the possibility to use them at any time, as an application of the constitutional principle of equality of all persons before the law, does not confer them also the right to exercise them excessively, in a word, to abuse of them.