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Failure to exhaust domestic remedies with the substance of the case


English, Spanish



The article addresses both the question of what are the assumptions that the Inter-American Court has established for the purpose of assessing the preliminary objection ‘lack of exhaustion of domestic remedies’ together with the substance of the case?; as the overall objective of identifying and identifying the cases that the Court has decided to combine 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, using the deductive and inductive analytical method, and concentrating its analysis – as the main source – on the international practice of the Inter-American Court of Human Rights, obtaining a union, whether express or tacit, when: (I) issues of the effectiveness of the remedy are raised; (II) questions of the applicability of the appeal are raised; (III) questions concerning the nature of the appeal are raised; (IV) questions of due process are raised; or (v) the existence of the alleged violations is discussed. In other words, there will be a joint assessment when substantive and non-procedural issues are checked.

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