63. The legislature and the judge are not necessarily bound by these orders, but when they do not respect them and begin to build their own concepts, ignoring them, the result is that the rules or decisions are directed at objects or entities other than those stated and, therefore, the objectives proclaimed as ratio legis are not the real ones (they are false), since they have different effects and fall on entities other than those stated. 64. The decisions of legislators and judges that proceed in this way are not invalid nor cease to be law, but in reality they do not fulfill their manifest purposes, but others alien to those proclaimed and even contrary to them. 65. Given that the methodology that allows the world's information to be selected at will leaves its incorporation into the law at the discretion of each theoretician, there were those who structured liberal systems and constructions within its framework 22, but others, using the arbitrariness made possible by the theory of knowledge on which it is based, took advantage of it to selectively limit the incorporation of data from the world with totalitarian intent and pervert the law in times of Nazism. 23 I do not ignore the efforts of the defenders of neo-Kantianism who, in my opinion, do nothing more than methodologically emphasize the defenselessness of law against authoritarian or totalitarian political attacks, although they personally do not cultivate these tendencies. 24 66. International Human Rights Law imposes respect for human dignity, that is, for the anthropological consideration of every human being as an entity capable of a certain level of self-determination and endowed with a moral conscience, to which certain rights are inherent due to the simple fact of being a human. This is the way in which, in the 16th century, Fray Bartolomé de Las Casas articulated in our America the idea that, four centuries later, would be included in international law. 67. This essence of our subject cannot but impose strict respect for the logicalreal structure due to its interpretation and application, that is, it is essential for us to attend to, incorporate and respect the data of the world and of the underlying legal anthropology. Otherwise omitting or arbitrarily selecting the facts of the world that make the path of each fact to be judged, make it possible for open-ended and cruel acts of violation of the most elementary rights to pass as respectful of a person’s dignity, just because the circumstances that make up the concrete constellation of a situation were not incorporated on value and, therefore, fell outside legal consideration. 68. It is from this perspective of limited and very elementary legal realism that, despite the high respect that I feel the opinion of the majority of the Court deserves, I depart from its criterion of excluding the leader of the most important Ecuadorian opposition political force from the condition of convicted or, at least, directly prejudiced by the judgment. 69. I further reaffirm this position with the circumstance that the singular acknowledgment of responsibility by the State has been presented before the InterAmerican System precisely during the administration of the former president who broke with the opposition leader who will be directly prejudiced by the judgment, that is, by the same individual who gave rise to the bitter political polarization in Ecuador, who irregularly convened a popular referendum, and then, based on it, 22 Gustav Radbruch, Rechtsphilosophie, herausgegeben by Erik Wolf, Stuttgart, 1970. Cf. nuestra monografía Doctrina penal nazi. La dogmática penal alemana entre 1933 y 1945 (Our monograph Nazi criminal doctrine. The German criminal dogma from 1933 to 1945.) Buenos Aires, 2017. 23 24 See the current state of the discussion in Attilio Nisco, Neokantismo e scienza del diritto penale, Sull’involuzione autoritaria del pensiero penalistico tedesco nel primo novecento, Torino, 2019. 11