Inclusión del matrimonio igualitario como figura jurídica dentro del derecho civil y procesal civil ecuatoriano

Abstract

This study investigates the possibility of including marriage equality within the Ecuadorian legal system, examining whether the second paragraph of Art. 67 includes a negative clause that restricts the right for gay couples to marry. In the constitutional environment if the non-inclusion of equal marriage in the watchful Ecuadorian legislation against constitutional rights is analyzed and if this is discrimination because of sexual orientation or gender identity. Similarly the constitutionality of equal marriage is studied from the rights established in international law. The thesis is used to study the methods of constitutional interpretation and the Organic Law on Jurisdictional Guarantees and Constitutional Control. Besides considering the legal environment in which develops equal marriage. In that sense the legal concept of marriage and the differences with the union in Ecuador is. the constitutional legitimacy of equal marriage, and the importance of the Constitutional Court on the inclusion of equal marriage in the Ecuadorian legal system is analyzed.