Constitutional Court Rejects Challenges to Penal Procedure Code
A lawyer, Adolfo Paúl Latorre, expresses his disagreement with the Constitutional Court's decision to reject two requests challenging the constitutionality of Article 483 of the Penal Procedure Code. Latorre shares the view that a judge should only override legislative will when unconstitutionality is clear beyond a reasonable doubt. He argues that Article 483 violates fundamental constitutional guarantees, specifically equality before the law and the human right to due process. The article in question, according to Latorre, allows for the coexistence of two criminal procedural systems: an older one that does not adhere to due process standards and a newer one that does. Latorre believes this creates an absolute and evident breach of constitutional rights. The Constitutional Court, however, dismissed these challenges, identified as Roles 3015-16 and 3083-16, despite Latorre's assertion that the article meets the criteria for unconstitutionality.
This case highlights a tension between legislative intent and judicial review concerning due process. The Constitutional Court's decision to uphold Article 483 of the Penal Procedure Code, despite arguments that it permits an unequal application of legal standards, suggests a deference to the legislative process or a differing interpretation of constitutional mandates. The core issue revolves around whether the coexistence of two procedural systems, one potentially lacking due process protections, constitutes an actionable violation of fundamental rights. Future legal challenges or legislative amendments may be necessary to reconcile these procedural disparities and ensure consistent application of due process principles across all cases, aligning with evolving international human rights standards and the increasing emphasis on procedural justice in the digital age.
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