Los medios reparatorios y sus límites frente a los daños extra patrimoniales a partir de la Constitución del año 2008

Abstract:

The main objective of this research project is to identify the means of reparation and limits established in the internal legal system, against non-pecuniary damages in accordance with the Principle of Integral Reparation provided for in the Constitution of the Republic of Ecuador of the year 2008; analyzing from a doctrinal approach the configuration and repair of the non-pecuniary damages, identifying which are the limits to the reparatory means that the lawyer and the judge must observe when adapting the integral reparation of the nonpecuniary damages; studying jurisprudential criteria of the Inter-American Court of Human Rights, of the Supreme Court of the Republic of Colombia and of the National Court of the Republic of Ecuador, on the means of reparation and the application of limits to the Principle of integral reparation.In this way, a clearer criterion can be obtained based on the critical analysis of the reparatory means recognized and used in the different legal systems, considering the Constitutional State of Rights and Justice in which we are. The mechanism of analysis is comprised in three chapters, and the result that is expected to be obtained with this investigation is to mitigate the traditionalist view that the reparation of non-pecuniary damages is limited only to an exaggerated and unfounded amount of money, which apparently is not limited under any circumstances; presenting legal and jurisprudential limitations and other rights compensation mechanisms. With what has been studied, it will be possible to conclude that the Principle of Integral Reparation includes a very wide panorama of possibilities to restore goods, interests, and rights that may have been violated by actions or omissions on the material and immaterial sphere of the people, in turn, it will be possible conclude that in Ecuador, mechanisms for restitution of property damage are developed, non-pecuniary damage is also recognized, but there is a lack of solidity when it comes to the repair of those, despite constitutionally recognizing Integral Reparation as the guiding Principle of Law and as a fundamental right

Año de publicación:

2020

Keywords:

• DERECHO CONSTITUCIONAL
• Patrimonio
• Bienes Culturales

Fuente:

rraae