Resumo

MATA QUINTERO, Gerardo. The Pro Persona Principle: the Formula of the Best Right. Cuest. Const. [online]. 2018, n.39, pp.201-228.  Epub 08-Jan-2021. ISSN 1405-9193.  https://doi.org/10.22201/iij.24484881e.2018.39.12654.

In this paper it is considered that the pro persona principle is a preferential constitutional clause that hasn’t been analyzed sufficiently by the constitutional jurisprudence nor by the juridical doctrine because it has been understood merely as an invocation of the most favorable, beneficial or maximizer solution, as something evident and intuitive, and thereof lacking any kind of valuation. From a garantista vision of the law, taking the pro persona principle seriously implicates argumentative exercises that answer these questions: favorable, to whom? Or, how do we know that the certain norm or interpretation is the one that favors the person? Therefore a structural understanding of the pro persona principle is based in its directions, directives, dimensions, elements, criterial and objects, around its meaning:to favor the protection of the persons.

Palavras-chave : Structure of pro Persona Principle; Formula of the Best Right; Favor the Protection; Human Rights.

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