THE INTERPRETATION OF THE OBJECT OF THE PUBLIC CIVIL ACTION LAW FROM THE PERSPECTIVE OF FUNDAMENTAL RIGHTS AND GUARANTEES: SCOPE AND CONSEQUENCES ON THE RESTRICTIONS OF PROCEDURAL LEGITIMACY ACTIVE OF THE PUBLIC PROSECUTION SERVICE

Abstract

This study seeks to establish the extent and scope of the object of the Law of Public Civil Action, based on the interpretation of the right-fundamental guarantee of access to justice, considered in its multifunctionality, according to the material extension of the catalog of fundamental rights. Possible to sustain as a result of this interpretation is unconstitutional restriction of active legitimacy of the public prosecution service for bringing public civil actions under paragraph one of the same law, with a view to protecting the core of fundamental social rights, or an objective perspective , on the constitutionality of restricting the actions of the prosecutors, conceived as fundamental institutional guarantee.