Abstract

REDONDO, María Belén. The Humanist Judge: The New Guardian of the Right in the Paradigm Neoconstitucional. Cuest. Const. [online]. 2019, n.40, pp.141-170.  Epub Mar 20, 2020. ISSN 1405-9193.  https://doi.org/10.22201/iij.24484881e.2019.40.13230.

The dizzying changes that brought the phenomenon of globalization of human rights prompted an opening semantics of the concept of law. This led to that not only will begin to differentiate the “right” of the “law”, but also how to interpret the rules. Thus, there was the passage of the Constitutional State to the current Democratic State of Human Rights governed by the paradigm neoconstitucional. From this passage, all areas of the State were settling in to the new requirements. The judge’s role was also modified, because now his leadership of the process should ensure effective legal protection, elastic and progressive concept. It is thus that must take into account all the edges that are projected the right of access to justice in the form of rights and principles, and that allow the relaxation of rules to resolve the particular case so humanized.

Keywords : Neoconstitutionalism; Humanity; Justice; Human Rights.

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