We are pleased to present for the study, analysis and critique of the legal community, the fruit of our research that has revolved around the legal institute of unconstitutionality by omission or unconstitutional legislative omission, of little doctrinal study at the national level. The purpose of this paper has been to determine the influence of the incorporation of unconstitutionality by omission through the jurisprudence of the Constitutional Court in the supremacy of the Constitution and the defense of fundamental rights, a purpose that has been achieved through the analysis of the judgments of the aforementioned constitutional justice body and the complementary doctrinal and legal study regarding the indicated legal institute. In this sense, in order to achieve this, the postulates of the Constitutional State of Law are based, among others, the constitutional supremacy and the effec...