Análisis jurídico del principio de convencionalidad y la cuantificación del daño moral

ABSTRAC: The purpose of this paper is to analyze the quantification of moral damages and its principle of conventionality, through jurisprudential and doctrinal research, observing the challenge that it becomes for the administrators of justice to establish an amount to compensate the moral damages of individuals, because although it is true that there are jurisprudential precedents that are not sufficient to determine the amount or to establish general guidelines for an adequate quantification of moral damages. On the other hand, states must adjust their legal body and practice to the provisions of international human rights treaties and conventions established in the principle of conventionality. With respect to the quantification of moral damages, the principle of conventionality requires States to ensure fair and adequate reparation to the victims, bearing in mind international human rights guidelines. It is evident that the nature of the damage in itself prevents us from being able to establish a mathematical equation for its determination, certainly when visualizing the jurisprudential repertoires, it is possible to notice the difference in compensation in rulings in similar cases, which generates confusion among the parties involved. KEYWORDS: damage, moral, indemnification, compensation, quantification.

• Huvudupphovsman: Calles Llerena, Genesis Daniela (author)
• Materialtyp: bachelorThesis
• Språk: spa
• Publicerad: 2024
• Ämnen: DAÑO; MORAL
• Länkar: https://dspace.uniandes.edu.ec/handle/123456789/18868