La configuración jurisprudencial del principio del interés superior del niño, niña y adolescente en el Ecuador: análisis a partir de la Sentencia No. 239-17-EP22 de la Corte Constitucional

Abstract

Abstract: This paper analyzes the jurisprudential configuration of the principle of the best interests of the child and adolescent (ISNNA) in Ecuador, based on the study of Constitutional Court Decision No. 239-17-EP/22. This decision constitutes a binding precedent by establishing constitutional standards that reinforce the substantive, interpretative and procedural application of the ISNNA, through the requirement of a reinforced motivation in judicial decisions with the guarantee of the right of children and adolescents to be heard. The essay highlights how the ruling transforms its traditional judicial approach, recognizing family plurality and the protective value of the extended family, which goes beyond biological ties. Despite the normative progress, structural obstacles are identified, such as the lack of mandatory protocols and judicial discretion in practice. Finally, institutional reforms are proposed in order to strengthen a justice system centered on the dignity, participation and rights of children and adolescents. The essay seeks to contribute to the strengthening of the rights approach in judicial processes affecting children and adolescents.