La autonomía de la voluntad en procesos de mediación como medio alternativo a la solución de conflictos y el Derecho Constitucional

Abstract

Abstract: Constitutionalism in Latin America has evolved throughout history, influenced by the fight for independence and national organization. Two key moments stand out in this process. The first took place after the revolutions of 1810 and coincided with the transition to democracy in the 1970s to 1990s, when some constitutions They were enacted under dictatorial military regimes. From 1900 to 2014, observed a significant advance in constitutionalism with 83 constituent processes in Latin America. These processes gave rise to new constitutions in several countries, which They reflected both democratic reforms and the adoption of new political ideologies. He Latin American constitutionalism has been a dynamic process in constant evolution, seeking to consolidate democracy and incorporate new political ideas. In particular, the Adoption of a new Constitution in Ecuador expanded the scope of constitutionalism to scope of private law, but with limitations in cases that involve rights constitutional and fundamental human rights. The methodology used in this work is adheres to the methods of legal research, including legal hermeneutics and interpretation methods. With this, we seek to identify and explain the reasons behind what that we consider a possible violation of the autonomy of will and security legal, in the context of this irradiation of constitutional law in the field of law private.