Objective: This article aims to analyze the effectiveness of the judgments of the Inter-American Court of Human Rights in the Chilean legal system regarding the case of Omar Maldonado et al. Chile. For this, it is necessary to study the effects of the international res judicata and the relativization of the national res judicata in compliance with the international ruling on human rights. Methodology: The methodology used will be inductive, since it starts from a specific case to reach general conclusions and the technique was bibliographical research, legislation, and jurisprudence. Results: The result of the present investigation is the way in which the effectiveness of the sentences of the international human rights courts must have a specific cause to review the final sentences, given that the relativization of res judicata by way of extensive interpretation, it can imply an opening for the systematic relativization of res judicata. Contributions: By studying the effectiveness of the decisions of the Inter-American Court of Human Rights in the Chilean legal system and its contours, it is to generate dogmatic precision on the relativization of res judicata through the sentences issued by the Inter-American Court of Human Rights.
|Título traducido de la contribución
|THE EFFECTIVENESS OF THE JUDGMENTS OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS IN THE CHILEAN LEGAL SYSTEM AND THE CASE OF OMAR MALDONADO AND OTHERS VS CHILE
|Número de páginas
|Publicada - 1 abr. 2022
|Publicado de forma externa
Nota bibliográficaPublisher Copyright:
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- and Others vs Chile
- Case of Omar Maldonado
- Chilean Legal System
- Effectiveness of Human Rights
- Inter-American Corte of Human Rights
- Res Judicata