La constitucionalización del derecho de daños. El principio de reparación integral y sus límites en el Ecuador, a partir de la Constitución de 2008

Abstract

Abstract: The present analysis entails an interdisciplinary exercise between the Constitutional, Civil, Procedural and Argumentative spheres. In this research, through the application of the qualitative method, relevant doctrinal, jurisprudential and normative elements have been analyzed in the theory of damage law, examining the role played by the principle of comprehensive reparation provided in the Constitution and in international, in the face of any violation of the essential attribute of the human being, which is Human Dignity, understood as those basic values that underlie human rights. This situation originates the birth of civil liability and as a consequence of that, obligations to give, do and not do are generated, linked to the obligation to compensate. Likewise, applying comparative methods, the doctrinal forms and limits of reparation are examined, in order to place the victim(s) in the same circumstances prior to the commission of the unlawful act. It was possible to verify that the jurisprudential development by the Inter-American Court of Human Rights reveals a management of comprehensive reparation with greater legal and human scope; and not focusing solely on the repair of the material.