El ius constitutionale commune y el desafío del trabajo informal en la Argentina

In Argentina, as in much of Latin America, there is an inequitable distribution of property and labour freedom, and vulnerable groups do not always have adequate access to the enjoyment of the rights proclaimed in legal texts. Hence, institutional actors must vigorously assume their role in balancing these inequalities.

The Inter-American Human Rights System has shown that it can be an effective driver of decisions that lead to tangible improvements in the states. Informal labour, as previously mentioned, is one of the greatest scourges affecting the full enjoyment of constitutionally recognized labour rights. Despite the legislator's abundant intent, the current system is characterized by an overlapping of regimes with little coherence, whose effectiveness has been rather limited.

For its part, the Argentine state's inaction, reflected in the inefficiency and limited resources of oversight bodies, along with timid judicial intervention, has greatly contributed to the increase in informal labour. In the face of these obstacles, transformative constitutionalism can be a highly useful tool for public and social actors to combat informal labour, particularly in regions marked by structural inequality that require stronger and more effective state intervention, as is the case in Argentina.