El control de convencionalidad y su aplicación en la acción de protección

The main objective of this research work is to analyze the control of conventionality and its application in the protection action, for this reason, the evolution, origin, content and scope of control of conventionality was first addressed, highlighting the jurisprudence regarding This institution, issued by the Inter-American Court of Human Rights, covering the topic referring to the Inter-American System, functions of the Court and the theories coming from the way of receiving international law in domestic law; thus concluding, with the conceptualization and purpose of this conventional control mechanism. Continuing, the issue of protection action was addressed as a jurisdictional guarantee of protection of constitutional rights, studying its origin and requirements established in the Constitution (2008) and the Organic Law of Jurisdictional Guarantees and Constitutional Control (2009); emphasizing the relationship that this guarantee has with human rights. Finally, both the ways of applying the control of conventionality in the protection action were analyzed, as well as a particular case. All this, through a descriptive study of documentary type, applying the legal dogmatic method, with a critical approach; coming to the conclusion and due to the delimitation of the subject, that the constitutional judges in knowledge of a protection action have the obligation to apply the control of conventionality within the framework of the guarantee of motivation and effective judicial protection, who must support in the various methods of constitutional interpretation related to conventionality control.

• मुख्य लेखक: Castillo, Sandra R. (author)
• अन्य लेखक: Pullutasig, Ángel P. (author)
• स्वरूप: masterThesis
• भाषा: spa
• प्रकाशित: 2020
• विषय: Derecho; Constitución; Derechos humanos; Ecuador; Derecho constitucional
• ऑनलाइन पहुंच: http://repositorio.uotavalo.edu.ec/handle/52000/409