El principio del interés superior del niño, según la estructura de la ponderación de Robert Alexy, en la jurisprudencia de la Corte Constitucional del Ecuador.

Abstract

Abstract: The weighting as a method of constitutional interpretation, seeks to guarantee fundamental rights when faced within a trial, optimizing them according to each particular case. Hence, the Constitutional Court of Ecuador frequently applies subsumption and avoids weighing in the resolution of conflicts between the principle of the best interests of the child and other constitutional rights. To illustrate the above, sixty-three judgments issued by this body were analyzed, from October 6, 2008 to July 9, 2019, where after implementing the methodological technique of content analysis, four judgments were collected that apply the "Weighting law" of the German jurist Robert Alexy as a method of constitutional interpretation. After the analysis of the four judgments, the paradigm that the principle of the best interests of the child weighs over the constitutional rights of other people was broken; but the most interesting thing is that at the time of carrying out the weighting exercise, the Court did not apply Alexy's Weighting Structure in its entirety.