Naturaleza del estado de excepción y su empleo dentro del ordenamiento jurídico ecuatoriano

Abstract

Abstract: The proposed final thesis focuses on analyzing the nature of the state of exception and its use within the Ecuadorian legal system, considering the standards established by the Constitutional Court of Ecuador from 2019 to 2023. Through a qualitative approach and the analysis of comparative jurisprudence with neighboring countries, the principles of necessity, proportionality, legality, reasonableness, and territoriality are evaluated, taking into account that these principles should only be applied as a legal and political solution of last resort. The work demonstrates that, in several executive decrees, the current Executive Branch (President of the Republic) has repeatedly used this legal concept without demonstrating adequate technical justification, causing violations of fundamental rights and distorting its exceptional nature. The Constitutional Court of Ecuador, through constitutional review, has determined that the state of exception should be applied when all the ordinary mechanisms available to the state prove insufficient. It also states that this exceptional measure should not be used as a tool for ordinary public management to maintain order, including strengthening institutions with public security policies and social development in vulnerable areas.