El control de convencionalidad: ¿declinación de la justicia constitucional o autónomo sistema de “justicia convencional transnacional”? / Conventionality control: constitutional justice declination or autonomous system of "Transational Conventional Justice" ?

The author analyzes the doctrine of conventionality control in a broad sense, which is not only as applied by the Inter-American Court of Human Rights, but also by other supranational legal systems. The article´s aim entail in understand if the nature of the conventionality control is the same as that of constitutional justice; or instead, if it´s necessary to create a new theoretical framework for this human rights protection´s instruments. The authoress supports the idea that conventionality control and constitutional justice are based on very different principles and ratio, and that it would be methodologically more appropriate to consider the “transnational conventional justice” as an autonomous discipline. In order to support her thesis, firstly the author studies the incorporation of international Law by national legal systems; then, she scans conventionally control’s theory and praxis, chiefly criticizing the comparability assumptions, and then describing in details the functioning of the three supranational systems that apply the conventionality control (UE, IDH and EDU).