The Political Constitution of 1991 is, from different areas of academic study, an important document of analysis because it enjoys numerous peculiarities, among which its importance in the development of the individual rights of the citizen stands out; an advance grouped within the so-called movement of the new constitutionalism of Latin America. The Charter presents a broad development of human rights and the role of the state as guarantor of them. However, these legislative advances are not immune to social controversy, academic criticism or judicial interpretation; natural phenomena of modern democracies. The main characteristic of these attributes is that they are consubstantial to the human condition, that is, they emerge from the nature of human beings and that is why they exist, even if the law - in some cases - does not recognize them. It is not necessary that the positive law validates the existence of these rights; the absence of pronouncement on them does not imply a lack of knowledge of their validity.