La jurisprudencia de la Corte Interamericana de derechos humanos en materia de reparación inmaterial y su evolución en el Derecho Constitucional de protección establecidoen el nuevo paradigma constitucional ecuatoriano

Abstract

The integral reparation is born from the premise of the full reestablishment of the obligations of respect and guarantee of the persons to whom some right has been violated. It requires a complex design of repair measures that tend not only to erase the traces generated by said violation, but also comprehensive measures to prevent its repetition. They will not only have as a main objective the economic consequences, but also work on extra-economic measures. The investigation established the importance of intangible reparation in the jurisprudence of the Inter-American Court and its impact on the right of protection established in the new Ecuadorian constitutional paradigm, because in the last ten years there has been a constant process of constitutional change and legislative reform To provide society with a regulatory system that guarantees the full development of personality and freedom, as well as legal certainty and effective protection as the foundations of the new order. With the purpose of considering the jurisprudence of the Inter-American Court regarding the immaterial reparation in the recognition of damages to direct and indirect victims, examining the new Ecuadorian constitutional paradigm regarding the evolution of the right to protection of the people to whom In the investigation the qualitative method was used, collecting documentary information through the analysis of the jurisprudence of the Inter-American Court and carrying out a field work, collecting information with the purpose of describing, interpreting, understanding the nature of the problem and factors that constituted it , based on the study of cases and analysis of sentences provided by the administrators of justice, and also information on data provided by the National Council of the Judiciary, which sought to demonstrate that there is no correlation and proportionality between the right violated and comprehensive reparation of people's rights. After the analysis, the creation of a draft law to raise awareness in the community and in the Ecuadorian judicial system was determined, so that a set of tactics is adopted to change the risk-benefit ratio of the rights violated, directed towards a solution that satisfies and supersedes the non-observance of the constitutional guarantee of the right to protection of persons.