La corte interamericana de derechos humanos ante la crisis de seguridad jurídica.

Abstract

The present thesis aims to present the current procedural remedies in Ecuador and to discuss the involvement of the Inter-American Court of HumanRights in relation to domestic legal proceedings. The American Convention onHuman Rights includes, among its established rights for all ratifying states, theright to legal certainty. The close connection between this human right and domestic procedural legislation necessitates an analysis of this interaction within the framework of the powers granted to the Court by the Convention, as well as the applicability of these powers. As the international process before the Inter-American Court of Human Rights does not constitute an additional instance, aconflict could arise with the principle of res judicata that applies to local proceedings that have reached their final stage and consequently exhausted local remedies. As a consequence of this dichotomy, the legal certainty and international trust in an entity like the Inter-American Court of Human Rights also come into play when there is a need to render judgments that contradict decisions already issued by the judiciary of a state.