The impartiality idea in judicial matters rests in the deepest of our institutional compressions in relation to the judicial configuration. This notion has served as a justificatory basis to articulate our judicial practices, organization and, in general, for the functionality of the judicature. The following research is based on a critical position, stating that the idea of impartiality is based on an elitist nature, which was assimilated -not discussed- into the foundational periods of our Latin American constitutional system. This has contributed to the construction of a judicial power distanced from the social problems, and a self-understanding of being an actor outside the democratic debate.
In this context, the idea of impartiality needs to be rescued, in order to achieve a judicial power committed to democracy, particularly a deficit democracy like ours. This exercise implies a normative justification of a dialogical authority
