Refusal of the biological proof practice and the harm of the law to effective judicial guardianship in constitutional jurisprudence]

The Spanish Constitution protects the free investigation of the paternity on its 39.2 the article, in which is granted that possibility. This right is not absolute, it has limits, but those limits will have to be interpreted in a restrictive way due to the principles based on it, such as the legal equality of children, and the integral protection of them. In view of this, the sentences are a very valuable element to delimit the aplication of this right, and establish its limitations.