The general objective of this research is to contribute to constitutional reflection on the justification and scope of the actions of constitutional judges to control the budgetary powers of the State with the aim of guaranteeing fundamental rights. In this sense, it seeks to criticize whether budgetary reasons absolutely prevail over human rights., and aims to contribute to development a line of legalconstitutional argumentation aimed at strengthening the effectiveness of this control of constitutionality in Peru. The methodology used in the thesis is a dogmatic-legal one, insofar as its object of study and analysis focuses on the constitutional jurisprudence established by the Peruvian Constitutional Court on the relationship between fundamental rights and the budget Constitution. The critical analysis of the jurisprudence is framed within a post-positivist theory of law, constitutiona...