Agotamiento de la vía administrativa vs. Tutela judicial efectiva (hacia una modulación razonable del acceso a la justicia)

Abstract

This work will address the institute of exhaustion of administrative remedies from a comparative, historical and analytical perspective. On the basis that the rights are not absolute, and the legislator can configure in a reasonable way its instrumentation, we intend to demonstrate the rationality of the exhaustion of administrative remedies whenever is developed in an adequate structural normative, material, and human context. Otherwise, the system itself should contain the valve that supports, without delay, the access to justice. Promptly, in specific cases, the judge must interpret and assess the usefulness of exhaustion. In case of doubt or "unwarranted delay", for any reason, it should be dispensed with to exhaust administrative remedies before access to justice. © 2012. UNAM, Instituto de Investigaciones Jurídicas.