Las opiniones consultivas de la corte interamericana de Derechos Humanos a la luz del principio de supremacía constitucional

Abstract

The research work presents the fundamental objective of developing a critical legal analysis of the implications of the direct application of the advisory opinions of the Inter-American Court of Human Rights in Ecuador and its integration into the constitutional block as an international treaty. In particular, the researcher focuses on the lack of the consensual element in advisory opinions that correlates the submission of a State to an international treaty or agreement. The classic precepts of International Law will be analyzed and as the international body itself has defined the lack of binding force per se of advisory opinions, in contrast to the judgments issued by the Constitutional Court of Ecuador, which have turned into the binding force described. It is necessary to clarify that the present investigation does not seek to disregard the constitutional block regarding the application of international treaties over the Constitution when they imply more favorable rights in humanitarian matters, which would imply a regression of rights. Rather, we focus on how the content of advisory opinions can be adopted without implying disregard for constitutional supremacy and a restructuring of the Ecuadorian legal system. As well as the affectation of the democratic support that the Constitution and its reform mechanisms have. Analyzing that the international body in these cases has extensive discretionary powers, to resolve outside of what was consulted. The methodological basis of the research is based on the qualitative - quantitative application, taking the documentary and bibliographic analysis of the doctrine to establish a questionnaire submitted to expert judgment, so that their perspectives are transformed into percentages that can give us a conception. overview of the problematic reality presented. Allowing to develop the conclusions and recommendations, obtained by the doctrinal, bibliographic study, plus the application, tabulation and analysis of the surveys