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- Title
Unión de la excepción preliminar falta de agotamiento de recursos internos con el fondo del asunto.
- Authors
González Serrano, Andrés; Sanabria Moyano, Jesús Eduardo; Meléndez Salamanca, María Isabel
- Abstract
This article addresses both the question of what are the assumptions that the Inter-American Court has established to jointly assess the preliminary objection "lack of exhaustion of domestic remedies" with the merits of the case? and the general objective of determining and identifying which are the cases that the Court has decided to join the formal analysis with the alleged violation of judicial guarantees and judicial protection. The result is achieved through the development of qualitative, basic and legal research, which uses the deductive and inductive analytical method, and focuses its analysis -as a main source- on the international practice of the Inter-American Court of Human Rights, obtaining that there may be union, whether express or implied, when: i) issues of effectiveness of the appeal are alleged; ii) issues of applicability of the resource are alleged; iii) questions are raised about the nature of the resource; iv) allegations of due process are raised; or v) the existence of the alleged violations is discussed. In other words, there will be joint assessment when there are controversies on substantive and non-procedural issues.
- Publication
Saber, Ciencia y Libertas, 2018, Vol 13, Issue 1, p62
- ISSN
1794-7154
- Publication type
Article
- DOI
10.18041/2382-3240/saber.2018v13n1.2679