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Submitted October 30, 2025
Published 2025-11-01

Artículos

Vol. 4 No. 2 (2025): Synergía

Contentious-administrative mechanisms for the protection of fundamental rights against public authorities


DOI https://doi.org/10.48204/synergia.v4n2.8551

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References
DOI: 10.48204/synergia.v4n2.8551

Published: 2025-11-01

How to Cite

Petit Padilla , A. E. (2025). Contentious-administrative mechanisms for the protection of fundamental rights against public authorities. Synergía, 4(2), 289–308. https://doi.org/10.48204/synergia.v4n2.8551

Abstract

This study analyzed administrative litigation mechanisms as a legal means of protecting fundamental rights against public authorities in Panama. Its general objective was to examine the administrative litigation process as a legal instrument for oversight against acts or omissions by the public administration that could violate human rights, based on the Constitution, Law 135 of 1943, Law 38 of 2000, and international treaties ratified by the Panamanian State. The research employed a mixed-method approach, combining normative and documentary analysis with a survey of 70 participants (20 public servants and 50 litigating lawyers from the Azuero region). The main finding was that, although the Panamanian regulatory framework provides an adequate process for challenging harmful administrative acts, its practical effectiveness is limited by factors such as the complexity of the procedures, the slowness of the system, and citizen misinformation. It was concluded that, while the contentious-administrative process plays a key role in guaranteeing fundamental rights, strengthening it requires measures such as institutional training, procedural simplification, and the creation of specialized units. This would promote more effective judicial protection, consistent with international human rights standards and the principle of constitutional supremacy. This research provides empirical evidence and relevant theoretical reflections for optimizing access to administrative justice and guaranteeing fundamental rights in the contemporary Panamanian context.

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