El principio de proporcionalidad en las sentencias de control abstracto de constitucionalidad según la jurisprudencia de la Corte Constitucional

Abstract

Abstract: For several years, it has been analyzed that the Principle of Proportionality has become an indispensable and decisive system or mechanism for achieving a functional and adequate constitutional interpretation by the country's Constitutional Court. This mechanism has provided the opportunity to analyze and evaluate each of the norms that allegedly violate fundamental rights, through an interpretation system structured by subprinciples of suitability, necessity, and proportionality in the strict sense. Therefore, the implementation of these subprinciples has the clear objective of maintaining stability between state objectives and individual freedoms, fully safeguarding justice and ensuring that the norms are applied appropriately and fairly. Over time, the Constitutional Court found it necessary to develop a complex but evolving line of jurisprudence that helps establish normative limitations. This essay will analyze how this principle of proportionality has been key to the Court's decision making.