Neutrosophic multicriteria method for the analysis of the legal effect of the advisory opinions of the InterAmerican Court of Human Rights in Ecuador

Abstract

Following the adoption of neo-constitutionalism and the validity of the 2008 Constitution, various paradigms have been proposed in Ecuador, such as the conception of the block of constitutionality granted to international instruments, and the integration of the advisory opinions of the Inter-American Court of Human Rights. The Constitutional Court of Ecuador, being the highest body of constitutional control and interpretation, establishes a precedent regarding the binding force produced by said advisory opinions in the Ecuadorian legal system through the application of conventionality control, provided that they contain pronouncements in favor of the full enjoyment and exercise of the rights recognized in the Constitution and in international organizations. The research aims to develop a multi-criteria neutrosophic method for the analysis of the legal effect of the advisory opinions of the Inter-American Court of Human Rights in Ecuador. The method uses neutrosophic numbers to model uncertainty based on decision criteria identified through expert judgment. The result is a case base that feeds the multi-criteria neutrosophic method to analyze the legal effect of advisory opinions; which allows the evaluation and classification of new cases of analysis. With the results obtained, it is concluded that the application of Advisory Opinions does not violate the block of constitutionality, as long as there is a favorable protection of the enjoyment and effective exercise of rights.