The Compliance Control and the Protection of the Right to Private Property Based on the Case Law Decision “Salvador Chiriboga v. Ecuador”

Abstract

The contents of this article analyze the right to private property after the decision of the Inter-American Court of Human Rights in the case “Salvador Chiriboga vs. Ecuador”. The author´s concern is the fact that this case represents the most expensive sentence inside the Inter-American protection system due to the violation of the right to private property (art. 21.2 AC); judicial guarantees (art. 8.1 AC) and judicial protection (art. 25.1 CA). This subject has special relevance since Ecuador is facing a judicial reform process and it is necessary to consider that the diffusion of this decision among judges could prevent the commission of the same mistakes; specially, those related to denial of justice as it occurred in the present case study.