Resumo

GOMEZ MARINERO, CARLOS MARTÍN. The General Declaration of Unconstitutionality and his Function in the Current System of Control of Constitutionality and Humans Rights Protection. Rev. Derecho Estado [online]. 2024, n.58, pp.145-181.  Epub 17-Fev-2024. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n58.06.

The constitutional amendment of June 6, 2011 implied the modification of the relativity of the judgment of amparo, according to which it only protects the part that obtained the favorable resolution but without the effects about third parties unrelated to the dispute. The implementation of the declaration of unconstitutionality was due to necessary modification of the principle of relativity was deemed unpostponable in order to avoid the violation of constitutional supremacy, equality and other inconveniences. In this paper analyzes the development of the principle of relativity of the judgment of amparo; then, is valued the suitability of the general declaration of unconstitutionality to resolve the problems raised by the principle of relativity of the amparo judgment is assessed; and, finally, we propose move to new general declaration of unconstitutionality with two components: the protection of human rights and his compatibility with the current system of control of constitutionality.

Palavras-chave : Constitutional control; constitutional justice; case law; human rights; judicial reform.

        · resumo em Espanhol     · texto em Espanhol     · Espanhol ( pdf )