Coment about procedure for the protection of the fundamental rights of the person: preferential nature and specialties in its processing

Abstract

This study deals with the special procedure for the protection of fundamental rights, from a jurisprudential point of view. It is a special preferential procedure where the procedures are simplified and the time limits are reduced in relation to the ordinary procedure followed before the Administrative Jurisdiction. This specialty is the one that determines a series of material legal-procedural and legal singularities, such as the breadth of challengeable administrative acts or the lack of requirement of exhaustion of the previous administrative route, which have a common characteristic: the prevalence of the material content of the fundamental rights, which are understood to be violated and are intended to be restored, in front of the strict formal rigor and proper of the contested administrative procedure.