Referencia a las eximentes de estado de necesidad, ejercicio de un derecho, cumplimento de un deber, en el ámbito familiar. Especial referencia al derecho de corrección

Abstract

The law system establishes legal mandates or prohibitions , as its primary mission is to safeguard property or interests essential for the achievement of a peaceful coexistence in society interests. Also, he who violates an interest protected by law in order to save a more important one cannot act unlawfully . The unity of the legal system is present and is crucial in determining the existence of an illegal action: it is unthinkable that a certain law requires us to do something, and at the same time criminal law would deems punishable that same prescribed action. Under certain circumstances the act of protecting the health and life of a family member or partner, and the education of children, may require someone to undertake actions which are typical in principle. It would be illogical that the Penal Code punished a case of abandonment by the father or the mother, and simultanously a case of hospitalization without consent would be considered an offense against freedom, or that the Civil Code would force someone to raise his children, or if parents were punished with 4 to 6 years of imprisonment for illegal detention when they forbid children to leave their room. If the measure is necessary , proportionate and appropriate to the specific case, it would be a justified action.