Using econometric and statistical analysis, the paper has two major findings. The first is that, when the Constitutional Court uses the balancing test, the chances of the demand to be hold are bigger. The problem -if we consider desirable this kind of protection- is that the Court uses the balancing test in less than half of the cases and, when it does, it uses it improperly. The second finding is that, when the Court faces a demand about an economic right, the chances of the demand to be hold by the Court are lesser.
Available at: http://works.bepress.com/oscar_sumar/28/