Control de constitucionalidad por vía de excepción en los países suramericanos

Abstract

The study seeks to determine the application of the exception in South America as Unconstitutional constitutional control, establish its legal basis and actions established in each state to realize such control and the effects that implementation. Thus, a qualitative approach was made - legal, as the South American constitutions were revised and research related to the subject, using the inductive analytical method, and based on an analysis of each state controls, the courses of action as well as the effects produced in each system, to meet the overall goal. Powered above the existence of constitutional provisions that protect the Superior Charter in the South American countries, as well as concentrated and mixed with preservative means actions and their effects basic text was established systems vary depending on the specific case under review. Brazil, Chile, Ecuador, Peru, Venezuela and C o l o m b i a , u s i n g t h e e x c e p t i o n o f unconstitutionality; In Argentina, despite having mixed system the judge can not promote this action, as it should be prayed. Furthermore Bolivia, Paraguay and Uruguay, the exception does not apply unconstitutional and judges can only promote to the constitutional body.