LEGAL CERTAINTY AS A FUNDAMENTAL RIGHT AND CONSTITUTIONAL PRINCIPLE: A CRITICAL ANALYSIS OF ITS PROTECTION AGAINST JUDICIAL ARBITRARINESS IN BOLIVIA

Abstract

Legal certainty, as certainty of the law and predictability in its application, is fundamental to avoid judicial arbitrariness in a constitutional rule of law. This study addresses legal certainty as a fundamental right and guiding principle of the legal system, evaluating the negative effects of its exclusive consideration as a principle. The objective of this work was to analyze how legal certainty, as a right and a principle, offers protection against judicial arbitrariness. As a hypothesis, legal certainty should be recognized as a fundamental right and principle to guarantee an effective defense against judicial arbitrariness. The methodology used was qualitative based on literature review, analysis of rulings of the Plurinational Constitutional Tribunal of Bolivia and interviews with experts. Doctrines and jurisprudence from Mexico, Colombia, Peru and Ecuador were also examined. The analysis shows that considering legal certainty only as a principle reduces legal protection and weakens confidence in the judicial system. This restricted vision, adopted by the Plurinational Constitutional Court, violates fundamental principles such as favorability and progressiveness, which could be a step backwards in the protection of human rights. The study concludes that legal certainty should be recognized as a fundamental right and constitutional principle to ensure a more robust and effective protection, promoting certainty of law and confidence in the judicial system of the constitutional state.