This article analyzes the anti-colonial struggle in Latin America based on the constitutional discussion. In this discussion, a clear contradiction was established, on the one hand the attempt to impose liberating norms that were complied with, and on the other, coloniality distorting the norms and denying them effectiveness when they could not be avoided. In this sense, the struggles for constitutions and the ways to make or deny them will be addressed. For this, the antecedents and conflicting concepts of the colonial theoretical framework were analyzed, especially in relation to the concepts of freedom, equality and neutrality of justice or legal security. This conceptual contradiction clearly appears in the so-called Constitutional Courts, which should apply the essence of constitutions in what would have to be an anti-colonial advance. The study was limited to the Courts of Chile, Bolivia, Ecuador Colombia, Brazil and Mexico, due to space requirements, but they represent, in their own way, this contradiction that has the presence of non-hegemonic traditional peoples, women and the protection of nature, especially from the end of the 20th century onwards.