Spanish

Abstract

The problem occurs because in Art. 86.1 of the Constitution, reference is made to jurisdictional guarantees, while Art. 439 ibidem, refers to constitutional actions, in this way, it is important to verify if the jurisdictional guarantees would enter in constitutional actions, considering that in the final part of the first article cited it extends the term to “actions provided for in the Constitution”. This is also referred to in Art. 86.1 ibidem, that any person can propose actions provided for in the Constitution, while Art. 439 ibidem, restricts that constitutional actions can be presented by any "citizen". The objective of this work is configured in: Determine under objective parameters the reality of the principle of formal equality in foreigners and access to constitutional actions. The methodology that is applied to this scientific document, is prosecuted in the application of the systematic interpretation of the norm, which is referred to in Art. 3.5 of the Organic Law of Jurisdictional Guarantees and Constitutional Control, thus the method will also be applied. for the rules of solution of antinomies, regulated in numeral 1 ibidem. By virtue of the first method stated, the constitutional norm will be interpreted from the general context of the normative text, to understand the coexistence, correspondence and harmony between them, these being the indicators that will lead to the solution of the problem raised. The results are aimed at clarifying the panorama on the following issues: The power to propose constitutional actions by foreigners and the principle of formal equality, as a constitutional right.