El principio Stare Decisis como precedente jurídico vinculante para la tutela del principio constitucional de igualdad y no discriminación de derechos.

Abstract

The purpose of this research is to explain the role played by the stare decisis principle for the foundation and adequate resolution of administrative and judicial acts within the framework of due process as part of constitutional rights. Consequently, the problem of this research is characterized by the fact that within administrative and judicial procedures the application of binding precedents is not applied with sufficient knowledge of the facts in some cases, in others it is even unknown and inapplicable, so apparently there would be no full knowledge of what it represents and how it should be applied. Therefore, the proposed objective is to demonstrate that the principle of stare decisis would contribute to a better protection of rights as part of the postulates of the principle of equality and non-discrimination. Regarding the research methodology, it is developed through the qualitative modality since it is based on the concepts of the doctrine, as well as on the content of the legal norms and the study of a case that allows to demonstrate the reality of the problem . In this same sense, the research is descriptive by explaining the aforementioned foundations that emerge from the theory, the regulations and the antecedents or jurisprudential references. Regarding the results, the stare decisis principle generates key elements for the protection of rights under conditions of equality and non-discrimination, as well as a contribution to strengthen the relationship between binding precedents and legal certainty.