El principio pro persona como límite a la discrecionalidad interpretativa

Abstract

The article proposes to make visible, based on the opinion of renowned authors, the importance of the interpretative task of constitutional rules by the judiciary, especially the Supreme Court of Argentina. By a method qualitativeanalytical I will attemp to prove, after reviewing the methods historically used by the Supreme Court, that such work can not be merely discretional, but finds limits and guidelines for precise application on human rights and that they oblige the judge to make a protective interpretation of such rights. Finally, through the presentation of some cases, it is exemplified how the application of the pro homine principle fully influences the outcome of the judicial process.