Principio de legalidad

Segunda parte

Abstract

In the first part, the conceptualization of the principle of legality as a social rule of coexistence that limits the possible arbitrary action of the members of a community, who must respect the rules previously imposed by themselves or by an authority that exercises power, was addressed.  The consecration of the principle of legality in our National Constitution is addressed, which establishes in its article 19 a general closure rule. The formal and substantial facets of the principle of legality are made explicit.

In this second installment, the substantive or material facet is examined, by which respect for the social coexistence agreement is guaranteed with the fundamental objective of providing predictability, certainty and legal security when acting, also the protection of basic fundamental human rights and, In constitutions such as the National, the right to seek or demand certain fundamental rights for dignified human development. Likewise, it deals with the reception of the principle of legality by the American Convention on Human Rights and, finally, the provision in article 75, paragraph 32 of the CN of a constitutional clause of "closure" or supremacy.