Las medidas cautelares otorgadas por la comisión interamericana de derechos humanos y su incidencia en el estado constitucional de derechos en la última década

Abstract

The Inter-American Human Rights System, being a special protection regime, its nature is of a subsidiary nature to the domestic legal system of all the States Parties to the American Convention, including Ecuador. With regard to the granting of precautionary measures by the Inter-American Commission on Human Rights, they are subject to the observance of three important elements, such as gravity, urgency and irreparability; particularity that gives importance to this research study, since Ecuador in the last decade has not been the exception in compliance with precautionary measures, are approximately five measures that have been issued against them, which have had a strong political impact , cultural and even environmental. Similarly, this investigation is novel because it applies the case or case analysis, where the precautionary measures described above will be analyzed. Compliance with the described leads us to obtain as a result the strong impact of the precautionary measures in the legal system. internal, mainly because in some cases they are contradictory to the decisions taken by the competent judicial and administrative authorities, also that the requests for precautionary measures in many cases respond to political and media situations, which in turn come to denature the essence and content of These measures, to finally conclude that access to the Inter-American Human Rights System should not distort its essence of protection and should not be regarded as a fourth instance or an extra judicial act, but on the contrary an imminent protection to what is in law.