The suitability as a structural condition of the constitutionalized republican system and the legitimacy for its enforceability

Abstract

he present work is focused on respecting the guarantee of coverage of charges in two premises derived from article 16 of the National Constitution: demand suitability in the applicants and enable all the inhabitants of the Nation to demonstrate such a requirement. This postulate is considered a structural principle envisaged in the initial constitutional program as an inherent element in the republican system of government, constituting both an enforceable right for each inhabi-tant of the State and a duty for the authorities of each of the spheres of government that make up our federal system.It considers the provision of places necessary to protect the required disadvantaged categories - in many cases due to cultural prejudices that must be overcome - within which it must respect the constitutionally established selection princi­ple. It describes different legal decisions in which the application of the suitability requirement is addressed as a requirement in the coverage of public charges.