Constitucionalismo transformador
1. Ius commune – Economic Law
The project deals with the relationship between transformative constitutionalism from an ICCAL perspective and international economic law (IEL). On the one hand, the instruments of the DEI may impede the realization of the objectives and principles of ICCAL, especially with respect to human rights and social inclusion. On the other hand, the application of the principles and objectives of ICCAL, especially with respect to socio-economic rights, requires a minimum level of development, to which a properly designed DEI can contribute significantly. In this way, the project investigates the interactions between these two areas of law through a legal and empirical inventory, as well as conceptual studies. A greater number of DEI dimensions are taken into account, such as international tax law and intellectual property protection law. References to national economic law and economic theory are also taken into account for the development of this project.
2. Ius Commune – Labor Law
This project deals with the labor dimension of transformative constitutionalism in Latin America. In this regard, the high degree of informality and widespread precariousness in labor relations in the region is taken into account, problems accentuated by the Covid-19 crisis. This dimension is especially important to achieve social inclusion and reduce economic inequality. This includes both the integration of the largest possible part of the population into the labor market and the protection of workers against exploitation and violation of their labor rights. Thus, this project aims to carry out a systematic analysis of the labor content of the constitutions of certain Latin American countries. Likewise, it seeks to better understand how the multilevel legal body – including international, regional, and national instruments – has been used to promote the labor rights of both formal and informal workers. Finally, the project tries to provide a space for reflection regarding the structural challenges in this field
3. Ius commune – Administrative Law
The ius commune for administrative law seeks to identify the impact that the Inter-American Human Rights System (SIDH) has had on the administrative legal regime of the countries of the region. Based on the establishment of common standards in this matter and, from the perspective of guaranteeing human rights, the project analyzes and formulates common points for a dialogue towards the consolidation of the Ius commune and overcoming problems such as violence, Social exclusion and weak institutions in Latin America. In this way, the project studies aspects in which the IAHRS impacts the public administration, such as administrative sanctioning, environmental, immigration and refugee law. In this context, the project studies whether the Inter-American Court of Human Rights is considered as an administrative court with a resonance of its decisions in the administrative entities of each country, evidencing the need to strengthen the control of conventionality exercised by the Public Administration.
4. Ius commune – Environment and climate change
This project studies the ius commune in Latin America and the Caribbean with respect to environmental protection based on the analysis of the interaction between international law (with innovative initiatives such as the Escazú Agreement), inter-American law and national law . Thus, the project intends to contribute to a comprehensive multidisciplinary study of the promotion of climate justice, the incidence of structural deficits in the field of climate change and the potential of convergences to achieve sustainable development. This project has two central axes: first, the systematization of the international obligations of States and other actors in order to guarantee the human rights of all people who are affected individually and/or collectively as a consequence of environmental impacts; and second, the approximation of scientific information and public policy to the legal world - administration of justice, international bodies, litigants - and the affected communities.
5. Ius commune – Human Mobility
Latin America is facing a migratory process of historic proportions. In this context, the project aims to place these processes and their consequences, especially for vulnerable groups, at the center of research as transnational phenomena. In particular, the migratory processes from Central America, Mexico, Haiti and Venezuela show the special situation of vulnerability in which the majority of migrants find themselves. This requires a quick and timely response, in particular, to the extent that migrants have limited or no access to justice. The internal application of inter-American standards on migration is of the utmost importance. This project explores the influence of universal and inter-American standards in the design and formulation of migration legislation and policies, as well as in constitutional jurisdiction in the countries of the region. Likewise, the impact of inter-Americanization on the human rights of migrants is analyzed.
6. Ius Commune – Electoral Law
Under construction.
7. Ius Commune – Civil Law
Under construction.
8. Ius Commune – Criminal Law
Under construction.
9. Ius Commune – Constitutional Law
Constitutional justice plays a fundamental role in contemporary democracies by contributing decisively to the protection and guarantee of human rights. The continuities and ruptures in the formation and consolidation of the Constitutional State, on the one hand, and the convergences and differences between the countries of such an apparently homogeneous region, on the other hand, reveal the need to resort to comparative experience in the descriptive and in the analytical. The objective is to identify the jurisprudential lines, trends and forecasts from a ius commune. This project is dedicated to studying the genesis, evolution and state of the art of constitutional justice in Latin America. This project is descriptive in the sense of knowing in depth the institutions, processes and results of constitutional justice in countries with the same legal tradition. On the other hand, it is analytical in the sense of studying the decomposition, comparison and differentiation of the essential elements that characterize domestic legal institutions and supranational institutions.