The non-application of the constitutional purpose of danger to the community in the insurance measure in light of the Inter-American System La inaplicación del fin constitucional de peligro para la comunidad en la medida de aseguramiento a la luz del Sistema Interamericano

Abstract

Diffuse control has been established as a tool that allows the member states of the American Convention on Human Rights to specify in all areas, especially in the jurisdictional area, the obligations to respect and guarantee human rights, through the verification of the conformity of internal regulations and national practices with this (CADH) and the jurisprudence of the Inter-American Court; also as a contribution to the development of dogmatics, the concretization of the hermeneutical guarantees of these rights consecrated internationally and normatively integrated into the domestic sphere, so that the States parties effectively comply with the obligations acquired in this matter. Finally, it is specified that conventionality control is a legal institution of international law applicable in our domestic sphere, and through the theory of separation, judges can comply with the legal requirements to disapply the precedent established as the basis of the measure. to ensure the danger to the safety of the community; and thus make an analysis of this theory from the formal and practical point of view in the jurisdictional exercise.