La desnaturalización del estado de excepción frente a la inoperancia del estado ecuatoriano para controlar la violencia criminal.
ABSTRACT Ecuador, a Constitutional State of rights and justice is facing a growing use of states of exception, which have been ceased to be exceptional and have become common responses to several emergencies. Despite its historical origin in Roman empire and the two theoretical currents that value i...
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| 格式: | bachelorThesis |
| 語言: | spa |
| 出版: |
2023
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| 主題: | |
| 在線閱讀: | https://dspace.uniandes.edu.ec/handle/123456789/18850 |
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添加標簽 | 總結: | ABSTRACT Ecuador, a Constitutional State of rights and justice is facing a growing use of states of exception, which have been ceased to be exceptional and have become common responses to several emergencies. Despite its historical origin in Roman empire and the two theoretical currents that value it in a divergent manner, the Ecuadorian Constitution establishes specific directions for its declaration which included armed conflicts, serious internal commotion, public calamities, and natural disasters, whereas the Organic Law of Jurisdictional Guarantees and Constitutional Control entrusts the Constitutional Court to carry out the formal and material control. However, the excessive application, especially during the pandemic COVID-19 and the growing criminal violence has led to the violation of key principles resulting in “targeted” states of exception that have become a little effective. During the research process, the mixed research modality was used by applying interviews to professionals who know about constitutional law and the bibliographic documentary analysis. This study seeks to address this denaturalization and propose juridical solutions for the criminal violence in the ordinary constitutional framework of Ecuador. Keywords: States of exception, denaturalization, internal commotion, criminal violence. |
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