CONSTITUTIONAL COURTS BEFORE DEMOCRATIC EROSION

The role of constitutional courts within a society depends on three equations: i) the political or democratic equation, ii) the normative equation and iii) the social equation. The first equation refers to the degree of development of the separation of powers and the proper functioning of democratic institutions. The second equation refers to the set of normative instruments established for the protection of human rights. The third equation analyzes the degree of development of social rights and the conditions of inequality. This paper states that in all Latin American countries there is a deep imbalance in the three equations. Furthermore, during the pandemic that imbalance deepened. For this reason, the role of the courts in contexts of democratic erosion must be to seek the balance of the three equations. In this task, the courts have great potential, but they also have strong limitations. That is why it is important to reinforce judicial activity with citizen defense of democracy.