Sistema Regional de Información
en línea para Revistas Científicas de América Latina,
el Caribe, España y Portugal

The present investigation demonstrates that the process of presidential vacancy as a result of a political trial that follows the parliament to the president of the republic for his permanent moral incapacity, in light of the constitutional doctrine (judgment of the TC No 0006-2003-AIITC) it is a valid constitutional process contrary to what some jurists and political actors affirm. We consider, in the light of comparative law and doctrine, that impeachment for misconduct in the function or moral incapacity in the exercise of the function committed by the president, respecting the right to due process that objectively proves acts of corruption, deficiency serious in the management of the public and excesses that affect the balance of powers; that generate a crisis of profound governability. It must be regulated in article 117 of the Constitution as part of the political trial known as constitutional accusation, so that this trial is not only for violating the constitution.

This article aims to present a review of the national and international regulations that support the guarantees of the right to comprehensive health for migrants who are in an irregular situation in Colombian territory. It was determined that under the framework of the progressive development of economic, social and cultural rights, today the integral health of migrants in an irregular situation should be more and better guaranteed, but this is not the case. It is observed that Colombia has not made constant and efficient progress in the realization of this right in its internal legislation, despite the fact that it has been focusing efforts on these issues for several years.

10 years have passed since that paradigmatic constitutional reform on human rights. Which resulted in a great diversity of interpretative, constitutional and normative consequences. Among them, an aegis for the protection of human rights was established: the parameter of constitutional regularity. In contrast, another aspect of this legacy, necessarily refers us to the various sentence 293/2011, ruling in which the restrictive aspect of human rights was privileged, when the Constitution so determines, compared to a broader protection provided in international treaties. Peculiarity of the complex constitutional framework. Which implies some theoretical aspects and certain practical limitations that deserve to be analyzed, and that in the development of this work we intend to elucidate.

The judgment of the Constitutional Court 172/2020, of November 19, has recently and definitively resolved the unconstitutionality appeal 2896/2015, filed against ex art. 20.2 of the Law of Citizen Security. Its wording conforms to the constitutional framework, since, as argued therein, it does not violate the right to bodily privacy of art. 18.1 of the Spanish Constitution. In light of this judgment, a meticulous study has been carried out on the most relevant aspects of this figure of body prospection that we have called “partial nakedness”, which is framed in section “b” ex art. 20.2, and which defines it in its literal wording as: “exposing parts of the body normally covered by clothing”.

In this text, the Unification Sentences 1073 of 2012 and 230 of 2015 are analyzed and it is exposed how in them the Constitutional Court promotes the regression to social rights. The effects that these have within the constitutionality control system allow us to identify a constitutional evasion, since it is impossible for the principle of non-regressiveness to be applied as a criterion of justiciability. These decisions have been reiterated in subsequent years and leave without judicial guarantees the clause of the Social State of Law of the 1991 Constitution in the face of fiscal sustainability. This also violates the standard of effective judicial remedy enshrined in the American Convention on Human Rights.

The 1994 judicial reform consolidated Mexico’s Supreme Court as a body essentially devoted to constitutional justice. From its enactment and up to 2021, the 27 vacancies opened in the Court have been filled through a procedure the combines presidential nominations with senatorial confirmations. What factors have influenced the outcomes of these appointment processes? This article addresses this question through the analysis of an original dataset of all the appointments made to the Mexican Supreme Court in the period 1995-2021. In line with comparative literature on judicial appointments, the article claims that the outcomes have been mostly determined by both contextual factors and the nominees’ personal attributes.

Contemporary constitutionalism promotes the expansion and opening of the constitutional text, expanding the discretion of the Judiciary, making the classic separation of powers, the essence of liberal constitutionalism, insufficient. Juristocracy and backlash, which are associated with the crisis of liberal constitutionalism, are indicatives of the insufficiency of the liberal institutional model adopted by contemporary constitutionalism. This article uses the deductive method and the indirect documentary research technique, notably the bibliographic, and jurisprudential. We conclude that juristocracy and backlash are expressions of the fragility of the liberal institutional arrangement, bringing into discussion the traditional liberal tension between countermajoritarism and majoritarianism (between constitutionalism and democracy) and the need for new institutional arrangements.

Although Free Speech is a Constitutional Right in Brazil, there is a conflict between it and other Constitutional Rights, such as Freedom of Religion. This paper holds that its necessary to grant the free circulation of ideas, thus protecting the right to artists to publish their work, even when they critic the institutions themselves. We analyze the sentence in the case Arquidiocese de Goiânia v. Ana Smile to understand how the State has acted in cases that cover Free Speech. We try to comprehend how the State should rule the offensiveness of the right to free expression to show that it is necessary to pass more permissive statutes in Brazil, specially concerning Artists and their work.

Constructive analysis of the Mexican criminal justice system is carried out in indigenous peoples for a pluricultural criminal justice. The objective is to propose a criminal justice system with a Mexican identity that redefines the human rights of indigenous people in the penal system from a position of decolonial measure and understanding of the concept of human dignity with a leading role originating in culture and custom to understand crime, damage and solution. To achieve this, the incompatibility of the penal system with the indigenous worldview is analyzed and it is shown as a discriminatory and violent tool that victimizes indigenous people. It concludes by highlighting original material elements as an inclusive measure and to strengthen the Mexican criminal justice.

The right to education is very recognized for being one of the most important one to the social development. Due to its importance, it is expressly found in many international laws about protection of human rights, as many constitutions, like the Brazilian. Furthermore, its analysis has already been present in the Inter-American System of Human Rights jurisprudence, giving to it strength and justiciability. However, the current moment shows the right to education under attack, putting Brazil in a big challenge in front of international legal framework. From this context, this paper proposes to evaluate the concretion of the right to education through a comparison of judicial decisions from the Inter-American Court of Human Rights and the Brazilian Supreme Court, in order to observe if there are congruencies between them or not, as well as this paper exposes some cases of attack to right to education, putting an alert sign in the Inter-American System. As conclusions, it is possible to recognize that Brazilian legislation is very aligned with the international, beyond it stablish minimal standards, but this legal dialogue is not able, by itself, to protect the right to education from these attacks promoted by Bolsonaro’s government.