Procedural guarantees and compensatory aspects in the European Court of Human Rights jurisprudence

This paper aims to analyze through the jurisprudence of the European Court of Human Rights (ECtHR) procedural fairness, i.e. a compensatory approach based on Art. 6, par. 1 and 3 of the European Convention of Human Rights (ECHR). The early years of jurisprudence offered us some very important ideas that put the limits and interpretations in relation to the fair trial into practice. Over time the procedural guarantees remain the same only that the interpretative method that the judges of Strasbourg occasionally offer us changes, arriving at a jurisprudential trend that even today remains full of perplexities, obscurity with wide interpretative margins which as the final objective have the greater protection of fundamental human rights especially in the sector of the fair trial as well as “the guarantee” that the ECHR offers as a super partes for the protection of human rights.