Resumen

PALOMO VELEZ, Diego I. APORTACIÓN DE LA CONVENCIÓN AMERICANA DE DERECHOS HUMANOS A LA PERSPECTIVA CHILENA DE LA DOGMÁTICA PROCESAL DEL DERECHO A LA TUTELA JUDICIAL. UN APOYO EN DOS FALLOS: CASOS BARRIOS ALTOS Y CASTILLO PETRUZZI. Ius et Praxis [online]. 2002, vol.8, n.2, pp. 261-298. ISSN 0718-0012.  doi: 10.4067/S0718-00122002000200009.

The paradox of the national reference in the topic of constitutional protection of the fundamental legal guarantees (the Common Law and its due process of law) has not sunk its roots only in aspects that could be defined as theoretical but has prepared practical consequences in the effective protection that the basic legal rights on behalf of the judicature receive. Indeed, the absence of a constitutional catalogue of these rights and guarantees (in the style of countries in continental Europe) revalues the importance of the American Convention as a member of our judicial legislation through the constitutional bloc, and obligates putting serious attention in its contents as well as in the jurisprudence, which under its protection has been developing. This paper deals with this topic being mainly supported by two verdicts: Caso Barrios Altos and Castillo Petruzzi.