El rol del juez en torno a la justicia y a los derechos fundamentales según el neoconstitucionalismo

Abstract

Neo-constitutionalism places us in front of a state whose final purpose is to respect and to guarantee the fundamental rights of every human being, despite of the scenarios and challenges that our current reality presents us. Although neo-constitutionalism developed in Europe decades ago, it arrived into Latin America belatedly and achieved an important consolidation, as the appropriate answer to the claims of social groups and collectives that required for changes in the legislature, the justice system and a true recognition of their rights. In our Constitutional State of Rights, the development of this legal stream is notorious since the constituent process that began in 2008 with the validity of the Constitution of the Republic, which led to a progressive regulatory and jurisprudential development, focused on the Constitution and on human rights.