The weighting theory as a useful argumentation tool for the defense of human rights

Abstract

In this paper, an exercise of legal argumentation is carried out, under the theory of weighting proposed by Robert Alexy, to identify whether it is a useful tool for legal operators when they must deliberate on the collision of rights. With the intention of concluding that this line of argument contributes to a stricter and more objective scrutiny of each case and, therefore, safeguards the human rights of the people involved.

In that sense, as an example, analyze the sentence issued by the Inter-American Court of Human Rights (hereinafter Court IDH) in the case of Gonzales Lluy and others vs. Ecuador, under the premises proposed by Alexy.