La reparación integral del daño al proyecto de vida: desarrollo normativo y jurisprudencial en el Ecuador

Abstract

The apparent recognition of the damage to the life project as part of the comprehensive reparation generated in Ecuador, a problem regarding the application of a figure widely debated since its origin. This research was structured in three chapters, through which the normative and jurisprudential development of this figure in Ecuador was analyzed. In the first chapter, an analytical-qualitative method was used to conduct a study of the life project in the doctrine; and a synthetic method was used to determine the importance of guaranteeing said project in relation to human dignity. The conclusion was the need to propose a new notion of life project, understanding it as an unnamed right. In the second chapter, the method used was analytical-qualitative to delimit the normative and doctrinal content of the damage to the life project, and subsequently differentiate it from other damages through a qualitative method. Finally, a critical-analytical method was used to understand its regulation in Ecuador, allowing to highlight it as an element of protection of the rights derived from human dignity. Finally, in the third chapter, an analytical-descriptive method and a content analysis technique were used to compile and examine the sentences handed down by the Inter-American Court of Human Rights and the Constitutional Court of Ecuador to delimit the criteria to be considered for a comprehensive reparation of the damage to the life project, highlighting the need to use alternative measures of reparation.