Obligatoriedad del precedente jurisprudencial de la Corte Interamericana de Derechos Humanos: análisis a partir de la figura del control de convencionalidad difuso

Abstract

This undergraduate thesis to apply for the title of lawyer, seeks to outline the results of the research project whose general objective is to be able to establish the obligatory nature of the jurisprudential precedent of the Inter-American Court of Human Rights, against the application of the Control of Conventionality in its diffuse character. It starts from understanding that this figure is a relatively recent construction since it has its origin in the historical ruling of Almonacid Arrellanos Vs. Chile. It establishes that jurisdictional operators and other state bodies are obliged to abide by the American Convention in all decision-making that is carried out. However, the main point of conflict arises to what extent said obligation encompasses inter-American jurisprudence and its interpretations as these evolutionary elements are constantly changing according to social realities. Therefore, the investigation starts from the problem question. To what extent is applying diffuse conventionality control mandatory with respect to the jurisprudential precedent of the Inter-American Court of Human Rights? whose execution was carried out by means of a jurisprudential, analytical and descriptive analysis methodology, and its main result includes understanding how the elements of the subject, object and parameter compose in themselves and depending on the situation an aspect of mandatory compliance.