Resumo

LARA CHAGOYAN, Roberto. The moving boundary between constitutionality and legality within the “amparo directo en revisión”. Cuest. Const. [online]. 2020, n.43, pp.97-127.  Epub 13-Dez-2021. ISSN 1405-9193.  https://doi.org/10.22201/iij.24484881e.2020.43.15180.

This paper focuses on presenting, exposing and analysing a problem concerning a great deal of discretion generated when our country´s Supreme Court decides on the admissibility of a “amparo directo en revision”. I will demonstrate that the following sentence: “The Supreme Court, as a Constitutional Court, should only concern itself with actual constitutional issues”, is manifestly untrue, because the applicable law and the judicial precedents enable the admissibility of such motion of review at the discretion of the Ministers -tolerated by the system itself- more so than by specific and objective laws.

Moreover, I will set out the reasons that, in my opinion, have caused this situation, as well as the negative impacts it generates, especially related to the principle of equality.

Palavras-chave : constitutionality; legality; “amparo directo”; admissibility; jurisprudence; constitutionalism; formalism; judicial activism; formal justice rule.

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