THE JUDGMENT OF WEIGHING RIGHTS: IS IT POSSIBLE TOHIERARCHY RIGHTS?

Weighting is a method of application of principles, since this method in the practical sense is produced from a collision between principles. The principles, understood as legal norms, when in collision generate an indeterminacy in the law by not knowing exactly which principle to apply to a specific case. Therefore, weighting turns out to be a method through which the principle that has greater weight or importance for the particular case will be applied, so that the interests established by the Constitution are protected to the greatest extent possible.According to the weighting method, it will also be possible to weight fundamental rights, understood as legal principles; since they can be complied with to the greatest extent possible and their non-application, or limitation in a specific case, does not result in the invalidity of this right. Thus, a conflict between fundamental rights leads to the prevalence of one of them and the limitation of the other right, but both will be equally valid after weighing.

Pagina's: 104, Paperback, Our Knowledge Publishing