Resumo

GARCIA RAMIREZ, Sergio. Legal control: international side. Bol. Mex. Der. Comp. [online]. 2023, vol.56, n.167, pp.143-158.  Epub 25-Jun-2024. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2023.167.18833.

This article focuses on constitutional and international supremacy in the protection of the fundamental (human) rights of the person. It discusses the means provided for such protection, both domestically and internationally or even supranationally. It therefore invokes the amparo trial, the trial of unconstitutionality scheme and constitutional controversies under the terms set forth in the 1994-1995 constitutional reform. Particular attention is paid to international means of control and its evolution by means of legal scholarship and case-law, particularly those adopted by the Inter-American Court of Human Rights, which has incorporated important innovations on conventionality control. The article analyzes, inter alia, the nature of this type of control, which, in the author’s opinion, is -or should be- of a jurisdictional nature and, based on this reason, upholds the idea that control is in the hands of the authorities vested with jurisdictional powers.

Palavras-chave : competence; concentrated control; constitutionality control; control effects; controlled rule; controlling rule; conventionality control; corpus juris of international law; diffuse control; globality; human rights; jus commune; legality.