THE CHALLENGE OF JUSTICE IN PROTECTING FUNDAMENTAL RIGHTS IN THE AGE OF GLOBALIZATION

Abstract

In a democratic state governed by the rule of law, respect for fundamental rights is one of the essential pillars of constitutional law, guaranteeing the full exercise of citizenship. Any violation of its precepts must be reviewed by the constitutional courts. However, the loss of state sovereignty due to deterritorialization, the globalization of social relations, and the multiplicity of normative sources pose the challenge of defining which norms are applicable to each specific case.This article proposes that, in this context, magistrates adopt mechanisms for interaction and cooperation with foreign courts in the analysis of complex cases, using external legal arguments. However, this practice does not exempt them from the obligation to substantiate their decisions, ensure respect for local normative traditions, and demonstrate the rationality of their arguments in line with the preservation of fundamental rights. The study employs the inductive method, based on bibliographic research.