Abstract

MAGALONI KERPEL, Ana Laura  and  IBARRA OLGUIN, Ana María. La configuración jurisprudencial de los derechos fundamentales: El caso del derecho constitucional a una defensa adecuada. Cuest. Const. [online]. 2008, n.19, pp.107-147. ISSN 1405-9193.

This article questions the task of the Supreme Court and the federal circuit courts to modify the authoritarian practices that have characterized the labors of the public prosecutor and criminal judges for several years. It is analyzed the constitutional precedents of the constitutional right to a "due defense". In fist term, it is analyzed, with the available statistics data, the level of efficiency of the right to a defense in the agency of the Public Prosecutor and in the criminal courts. In the second part, it is carried out a quantitative and qualitative study of precedents andjurisprudence. These study allows us to conclude that the new democratic coordinates in the country have not impact the way these judges conceive their paper and function. This is the grea test challenge of the Federal Judicial Power. There is nothing more difficult to obtain, in terms of a judicial reform, than to modify the mentality of the judges and the method to argue their decisions.

Keywords : Supreme Court; federal circuit courts; constitutional rights; human rights; Public Prosecutor; judges.

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