As stated in previous lines, transcribed in this work some notes on the American Convention on Human Rights or Pact of San Jose of Costa Rica, which is in force in our Ecuadorian legal system, and also some legal notes on how to present this class of claims ; clarifying that several of them I have taken from the electronic site of the Inter-American Commission on Human Rights; I also note that, victims of abuse of human rights, receive honors; among them, Dr. Galo Chiriboga Zambrano, in his capacity as State Attorney General, in Guayaquil paid tribute to the victims of human rights violations, as well as their families, in this opportunity to those related to the case called “Gonzales y others”; for an event that occurred in said city, on November 19, 2003, when in an alleged operation against alleged criminals, carried out in a pharmacy north of the city, eight people were extrajudicially executed, and four others disappeared; in such a way, that a plaque was placed on the ground floor of the Office of the Prosecutor, commemorating the families’ “unwavering search for truth and justice.” Let us not forget the wise words of the founder of the Gran Colombia, Simón Bolívar, who said: “Justice is the queen of republican virtues, and with it equality and freedom are sustained.” The peace of a collectivity depends to a great extent on its criminal justice, and it is put at risk when that justice does not convince or leaves floating the feeling of arbitrariness or weakness of the sanction of its crimes, as the Argentine writer Fernando de the Rúa.
As the Constituent Assembly points out, justice is in crisis: “Justice is always in crisis, but it has a remedy. Justice is in crisis because social legitimacy fails, because our society does not reject its procedures.
” To finish this introduction, I must point out, as several authors say, that true democracy is the democracy of the judges. Democracy is limited to human rights, and judges are the ones who definitively define the limits of human rights, therefore, only judges can save democracy, for this reason, the Constitution of the current Republic applies neo-constitutionalism, which it means:
- It incorporates a greater number of rights.
- Realizes these rights through the existence of constitutional guarantees; Y,
- Creates the Constitutional Court, which guarantees these rights.
In this way, the Constitution of the Republic is a framework within which the human being could be developed with dignity, which is the main characteristic of the new Ecuadorian State (Derecho Ecuador).We will be glad to provide advice in the areas mentioned. If you require more information, do not hesitate to contact us. here