Abstract

CALDERON MEDRANO, Carlos Alberto. Control multinivel del Estado como garante de los Derechos Fundamentales y los tres niveles posibles para su concreción. Rev. Jur. Der. [online]. 2024, vol.13, n.20, pp.241-276. ISSN 2413-2810.

Summary The purpose of this article is to analytically develop the configuration of a multilevel control as a mechanism for the enforcement and protection of Fundamental Rights, proposing the analysis of protection and tutelary control from different angles, and a differentiation between Human Rights and Fundamental Rights; In this sense, in the case of fundamental rights, it will be established that a primary guarantor is the judicial or administrative authority that in the first instance protects and guarantees the right in the State, and that in a second level of guarantee, the Tutelary Control of Constitutionality is situated, which can be in charge of a Specialized Body called Constitutional Court or Constitutional Tribunal, and finally, if the right falls within the American Convention on Human Rights, this right will be subject to a Control of Conventionality by the Inter-American Court of Human Rights, as a tertiary guarantor of rights, and also generally by the Universal Protection System of Human Rights, through the United Nations. In this way, some distinctions are found, by the Body that exercises control, procedures, scope and nature, which contributes to the analysis of that multilevel control of fundamental rights

Keywords : Tutelary Control of Constitutionality; Fundamental Rights; Constitution.

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