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Article

English, Spanish

ID: <

oai:doaj.org/article:56fea7c293f74ff6979499031c03255c

>

·

DOI: <

10.18041/2382-3240/saber.2018v13n1.2679

>

Where these data come from
Absence of exhaustion of domestic remedies on the merits of the case

Abstract

The article addresses both the question of what are the assumptions that the Inter-American Court has established in order to assess together the preliminary exception ‘lack of exhaustion of domestic remedies’ and 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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