Abstract

CORDOVA, Miguel Ángel. Constitutional X-Ray of Pro Persona Principle. Cuest. Const. [online]. 2020, n.42, pp.155-180.  Epub Mar 09, 2021. ISSN 1405-9193.  https://doi.org/10.22201/iij.24484881e.2020.42.14340.

Pro-persona principle changed human rights adjudication and interpretation. This allows judges and lawyers to improve human rights protection; however, case-law and jurisprudence haven’t clarified it’s structure, and the way it works. They just use it. As long as this situation prevails, the limits of human rights case-law will be judiciary’s discretionality and creativity. Besides, the constitution demands to provide, in every moment, the broadest protection to the people’s rights; so, this lack of development limits to the constitution’s binding force. That’s why I will try to draw some guidelines in order to clarify pro-person’s principle normative structrure, and the way it may work to fulfill its constitutional purpose.

Keywords : Human Rights; Principles; Optimization Requirements; Interpretation-Preference Rule; Proportionality.