THE (NON) INFLUENCE OF HUMAN RIGHTS IN SENTENCE 381/15 OF THE SUPREME COURT OF JUSTICE OF THE PROVINCE OF CORRIENTES

Abstract

In 2017, the Supreme Court of Justice of the Nation interpreted a judgment from the Inter-American Court of Human Rights, going back to an old discussion about whether our nation adheres to a monist or dualist system of Human Rights. Based on said ruling the Supreme Court of Justice of the Province of Corrientes, in 2019, to rule that it is not obliged to comply with what is resolved in International Law and thus validated the imposition of a penalty of life imprisonment on a minor of age, an institute prohibited by the Convention on the Rights of the Child, under the argument of the “novelty” of the CSJN ruling and the directive that the InterAmerican Court does not function as a further instance of appeal. In this work, we will delve into the consequences of the quasi-dualistic position adopted by the CSJN to which the ruling of the STJ of Corrientes under examination alluded, which has led to extremely harmful consequences for a minor.