Control of conventionality in the jurisprudence of the Salvadoran Constitutional Court

Abstract

Conventionality control is a tool applied by the signatory States of the American Convention on Human Rights with the purpose of guaranteeing human rights and complying with the acquired international obligation. The purpose of this article is to analyze the importance of conventionality control, the challenges presented to date in the jurisprudence of the Salvadoran Constitutional Court, for which the qualitative-reflexive method was applied, establishing criteria for the inclusion of documentation. bibliography based on the selected analysis categories, allowed us to understand the relevance of the topic in the Salvadoran legal system and its implications. Likewise, Christian Courtis sentencing analysis methodology was applied, applying the criterion of criticizing the solutions adopted and suggesting how it should be resolved in future cases.

The main results were the identification of a limiting position in the application of conventionality control by the Constitutional Chamber in accordance with the sentences analyzed. A deconstruction of the perception of this analyzed institution is required, which must be applied by justice operators under the humanist axis, since the ratified corpus iuris includes the block of conventionality applicable to guarantee the protection of human rights recognized by the State.