El poder de la vulnerabilidad. Implicancias en la interpretación y aplicación del derecho

Abstract

This article focuses on the importance of earlier detection of vulnerable people for the interpretation and application of law institutes. Furthermore, it analyses the transcendence of that detection for prevention of damages and/or mitigation of torts. Its emphases the relevance of capital value of jurisprudence as a way for reducing litigation costs and re-edition of conflicts. Finally, poverty is examined as an autonomic or aggravated form of vulnerability.The method utilized in this article is the analysis of the general legal rules dictated by the Interamerican System of Human Rights in order to featureparticular references for judicial interpretation or application of law (such as “Rules of interpretation”) in cases with vulnerable people. This method may contribute for estimation bias in order to predict and prevent the costs of litigation and the effectiveness of human rights.