Geopolitical Conflicts and Constitutional Procedural Law:

Structural Litigation and Judicial Activism

Abstract

The article examines the challenges faced by fundamental rights in the context of geopolitical conflicts and international tensions, with a special focus on constitutional procedural law. In a globalized world, political, military and economic conflicts, such as wars and terrorism, seriously affect the protection of human rights, often in the name of national security or public order. In this scenario, a dilemma arises between state sovereignty and international obligations to protect the fundamental rights of individuals. It also addresses the particularities of the Latin American context, where phenomena such as violence, extreme inequality, internal armed conflicts and social exclusion generate serious human rights violations. The region's judicial systems face serious structural difficulties, which prevent them from guaranteeing effective access to justice. The study also analyzes how exceptional measures, such as declaring states of emergency, often end up affecting fundamental rights, especially those of the most vulnerable sectors. Finally, the study highlights the need to find legal solutions that balance restrictions on rights with the protection of constitutional principles and affirms that constitutional procedural law can play a fundamental role in guaranteeing justice and reparation, even in times of geopolitical crisis.