Justice and weighting of fundamental rights

Abstract

The objective of this text is to evaluate the perspective of the effectiveness of justice in the concrete cases of collision of fundamental rights in the theory of weighting constructed by Robert Alexy. The interrelationship between weighing judgments and the justice of decision permeates all research work. To do so, it seeks to elucidate the unfolding of weighting as a rational argumentative activity as a motto for the realization of justice, using reflections on justice based on Chaïm Perelman. The decisive purpose of the study is to highlight that the weighting must follow forms and rules of rational legal argumentation and criteria of the weighting procedure, showing that the problem is not in the weighting but in its correct application in a concrete situation of fundamental rights their nature as principles.