The interpretation of the crime of prevarication in the substantiation and resolution of jurisdictional guarantees: a tour of constitutional jurisprudence

The object of study is a jurisprudential line constructed by the Constitutional Court. Through the analysis of precedents we investigate the interpretation that the Constitutional Court has made of the criminal type of prevarication in the context of constitutional justice. The development of the work explains issues related to the criminal type of prevarication in the national legal system, the direct application of the Constitution and jurisdictional guarantees. Then, several sentences were analyzed to identify the jurisprudential rule and subrule, emphasizing the study of the ratio decidendi. In the conclusions presented, we highlight that the founding sentence of the jurisprudential line presents a contradiction between the arguments of the ratio decidendi and the created rule, while the founding sentence of the line makes a similar interpretation according to the criminal type of prevarication, adding to the criminal figure properties (to rule-substantive law and to proceed-adjective law) that do not exist within the criminal type, to make up for the deficient argumentation of the founding sentence and to be able to justify the creation of a jurisprudential subrule. The jurisprudential line is solid.

• Hovedforfatter: Lucio Paredes, Alex Omar (author)
• Format: article
• Sprog: spa
• Udgivet: 2025
• Fag: Regla jurisprudencial; Prevaricato; Garantías jurisdiccionales; Aplicación directa de la Constitución; Jurisprudential rule; Prevarication; Jurisdictional guarantees; Direct application of the Constitution
• Online adgang: https://revistadigital.uce.edu.ec/index.php/CAP/article/view/7706