The fundamental rights as limits to private power in Mexico

Abstract

This investigation was developed to determine if individuals can transgress the fundamental rights in contractual relationships, that is, between equals. For this purpose, the theory of the sphere of the undecidable was used, made by the jurist Luigi Ferrajoli, who recognizes the existence of private power and the need to limit it with fundamental rights. Since the scope of this research consists in the way in which fundamental rights limit private power, but not in determining the axiological content of such rights, the method of formal logic was used to construct a formula, with which it is shown that fundamental rights condition the validity of the exercise of private power. Therefore, it was established that fundamental rights are objective norms that guarantee their effectiveness through universal duties, since they predispose the legitimacy and validity of the exercise of private power.