Abstract

VARGAS MORALES, Ricardo. The Inter American Court of Human Rights Judgements as a Source for National Law. Necessary Questionings Regarding the Application of Conventionality Control. Opin. jurid. [online]. 2022, vol.21, n.44, pp.349-371.  Epub Mar 19, 2022. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v21n44a17.

The purpose of this article is to carry out a comparative study between the jurisprudence and the judgments of the Inter-American Court of Human Rights as sources of material law, as well as carrying out a review of the systems proposed by the Inter-American Court for the application and incorporation of the judgments of the Court as a source of material law: mandatory, binding and with erga omnes effect in the states parties subject to its jurisdiction. In this way, we raise a series of questions that arise as a consequence of an eventual implementation of conventionality control in the current national legal scenario, where we envision the relevance of a prompt implementation of a justifiable procedural system for reasons of jurisdiction and legitimacy that allow the viability of the aforementioned control of conventionality within our legal system

Keywords : Inter-American Court ruling; sources of law; conventionality control; binding effect.

        · abstract in Spanish | Portuguese     · text in Spanish     · Spanish ( pdf )