Procedure for Protection of Human Rights by Constitutional Courts – Constitutional Complaint

Abstract

Judicial control of the constitutionality of legal acts, by
constitutional courts, is performed on two levels:
1. Control of the constitutionality of general legal acts
(through a combination of models of abstract and
concrete control of the constitutionality on one side, and
preventive and repressive control of the constitutionality
on the other side), and;
2. Control of the constitutionality and legality of
individual acts, which violate constitutional rights and
freedoms, guaranteed by a constitutional complaint,
constitutional appeal, or recourso de amparo
constitutional etc
.
The second aspect is important, not only because such
instruments are a powerful mechanism for the protection of human
rights, but because these instruments can also be used as a trigger
to initiate (ex officio) a procedure for the control of the
constitutionality of the general legal act, which was the basis for
the adoption of the act, by which the violation is committed.
Rudiger Zuck, points out some basic elements of the
definition of a constitutional complaint. These are:
1) The constitutional complaint is a specific
remedy – it is not a fundamental right per se;
2) The constitutional complaint is a legal
instrument for the protection of human rights;
3) It is a legal instrument aimed at public authorities
(acts of the legislative, executive and judiciary);
4) Can be used as a means to protect their own, and not
someone else's rights;
5) The statement of the applicant of the constitutional
complaint that his/her right has been violated is
sufficient to use this instrument.
.