Abstract

MIRNA SANDRA, Molina Villarroel. Constitutional and Conventional Interpretation of the Right of challenge, due process, and Constitutional supremacy in trials of responsibilities. Rev. Cien. Tec. In. [online]. 2023, vol.21, n.28, pp.19-42. ISSN 2225-8787.  https://doi.org/10.56469/rcti.v21i28.942.

By announcing unconstitutional and unconventional provisions, linked to the right of challenge and equality as elements of a proper process, enshrined both in the Political Constitution of the State and in International Treaties and Conventions; The general research objective has been proposed to systematically determinetheillogical interpretation that violates the right of challenge contemplated in the constitutional norm and its significance in liability trials in a single instance and without further appeal; For this purpose, laws No. 044, 2445 and 025, as well as the Political Constitution of the State and International Conventions, linked to the challenge procedure in Liability Trials, have been taken as systematic interpretative material for comparison and compatibility. It is concluded in the need to carry out a partial reform to the Political Constitution of the State, to amend the internal incompatibility between the arts. 180.II and 184.4 which is inapplicable by Constitutional and Conventional mandate, because it weighs on the formal and material constitutional validity that causes disconnection and contradiction between an inferior rule or norm with respect to the constitutional provision that is superior to the planned contents and even between constitutional provisions with the Conventional.

Keywords : Constitutional supremacy; Right to challenge; Single instance; No further appeal; Violation of rights; Due process; Constitutional Interpretation; Conventional Interpretation.

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