Conflictos entre derechos fundamentales. Una crítica a Luigi Ferrajoli

This essay deals with a specific – but by no means marginal – feature of the complex and rich theory of fundamental rights developed by Luigi Ferrajoli, the problem of conflicts of rights. To begin with, I will draw a quite generic theoretical framework about (at least prima facie, or potential) conflicts between fundamental rights in the context of contemporary constitutional states. Then I will describe Luigi Ferrajoli’s thesis about the absence, or at least the very marginal role of conflicts between fundamental rights. Conclusively, I will point to some possible critiques to the strategy elaborated by Ferrajoli in order to reduce the impact of conflicts between fundamental rights.