Colisión de los derechos fundamentales en los espacios integrados. Prudentia iudicialis: entre la vanguardia y la timidez

Abstract

This article analyzes judicial practice in the field of human rights, with regard to the European Community and also to Mercosur, focusing especially on two judicial opinions that decided cases involving the relationship between the right to assembly-expression- protest and the right to the free transit of goods, services, and/or people, within the integrated territory. The phrase prudentia judicialis refers to one of the main virtues with which judges construe norms, seeking to respond to a primary legal requirement: ìgive to each her due.î This rule constitutes the very essence of judicial practice. In the context of regionalization, judges have assumed a leading role, and they have shown themselves as conservatives or innovators when confronted with conflicts not foreseen by international treaties; in many cases such situations have involved alleged violations of human rights.