Constitutional Court

This model only applies to a specific, real and concrete dispute (incidental nature), that is, applies in an installed process, and whose judicial decision of unconstitutionality does not goes beyond the boundaries of the dossier (Declaration of inapplicability), therefore we can say that the effects of the application of the fuzzy control affects only the parties involved in the processIt is not Erga Omnes. Today, in countries in which has incorporated it is, it appears expressly and within the chapter of the Judicial (hence the designation of ‘diffuse system’, distributed or diffused among all the courts that integrate the power of the State). Another striking feature is the fact that for the application of the fuzzy control has a direct procedure. In our reality the Constitutional Court has pointed out in its judgment in Nro. (1124 – 2001-AA/TC published September 11, 2002 certain budgets that should be noted in order to validly apply the fuzzy control: to) that in the constitutional process, the object of the challenge is an act which constitutes the implementation of a norm considered unconstitutional. (b) the norm to inaplicarse have a direct, main and indissoluble relationship with the resolution of the case.

And (c)) that the norm to inaplicarse is obviously incompatible with the Constitution, even after having gone to interpret it in accordance with the Constitution. Is true that in its origin the only Fuzzy Control model operated in the scenario of a concrete and real judicial process, so one could argue that they are only the empowered judges to apply the Fuzzy Control, however to date this is not entirely true, because that power also holds the national jury of elections, the Constitutional Court, and other administrative collegiate bodies with certain restrictions..

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