El control de constitucionalidad en Ecuador y su incidencia en las actuaciones judiciales.

Since the issuance of the Constitution of the Republic of Ecuador in 2008, one of the biggest debates has revolved around the constitutionality control model it established: whether mixed or concentrated. Initially, the Constitutional Court leaned towards the latter; however, in 2019, it issued Judgment No. 11-18-CN/19, which seemed to admit diffuse control (in addition to the concentrated one). Because that decision did not expressly overrule its previous jurisprudence, uncertainty returned regarding how the courts should act before an unconstitutional but necessary norm for the resolution of a specific case. Therefore, this research aimed to conduct a critical-legal analysis of the constitutional review in Ecuador, to verify whether Judgment No. 11-18-CN/19 implied the reversal of the jurisprudence that established exclusive concentrated control and then determine what the judges should act in those cases. For this purpose, descriptive research was carried out with a qualitative approach. After analyzing the legislation, doctrine, and, above all, the precedents of the Ecuadorian Constitutional Court, it was concluded that the constitutionality control system in Ecuador continues to be the concentrated one: It was not considered plausible to conclude that the implicit change of precedent of the majority vote of Judgment No. 11-18-CN/19 has reversed the previous ones that established concentrated control.

• 1. Verfasser: Álvarez García, Isaac Sebastián (author)
• Format: bachelorThesis
• Sprache: spa
• Veröffentlicht: 2023
• Schlagworte: Corte Constitucional; Control de constitucionalidad; Precedente constitucional; Cambio de precedentes
• Online Zugang: http://dspace.unach.edu.ec/handle/51000/10604