CRÍTICA A LA JERARQUIZACIÓN Y PONDERACIÓN DE DERECHOS FUNDAMENTALES DESDE UNA PERSPECTIVA ARMONIZADORA

The harmonizing theory affirms the non-existence of conflicts between fundamental rights because these are born adjusted by the natural coexistence and the circumstances that surround their exercise. Human dignity, as a title of fundamental rights, serves as the foundation for neo-constitutionalism. However, this has been affected by modern thought that, based on individualism, the forgetfulness of practical reason and legal positivism, allows the birth of the conflictivist theory that sustains the existence of collisions between fundamental rights. This is solved through an abstract hierarchy or concrete weighting between rights, operations that allow one of the conflicting rights to be restricted. This article develops a critique of conflict, detecting some of its inconsistencies, from a harmonizing perspective.