Diffuse control and its relation to constitutional supremacy

Abstract

This article has developed a dynamic jurisprudential study that reflects the evolution of the criteria used to interpret consultations on the law's constitutionality. The landmark rulings and the modulative rulings issued by the Constitutional Court have been collected to describe the legal scenarios where it is possible to inapply the law to make the supreme norm prevail. By the arguments contained in the jurisprudential source, it was determined that there is a model of diffuse constitutional control in cases where the judge is certain that the applicable infra-constitutional rule is contrary to the Constitution and, therefore, he is empowered to inapply it, making the supreme rule prevail. It was possible to delimit the legal presupposition that grants the judge the power to apply this diffuse control of constitutionality, and the consequences of such control were established. The methodology has a qualitative approach, which was used through a type of inductive reasoning, taking into consideration that it is a descriptive problem, a review of doctrine and jurisprudence is carried out, which allows extracting details of the scenarios where an infra-constitutional law can be inapplied to make the constitutional text prevail. The result of all this is that diffuse control is indeed foreseen for the case of antinomies according to the binding jurisprudence of the Constitutional Court.