El principio de proporcionalidad en las decisiones de la Corte Constitucional ecuatoriana, análisis crítico y su impacto en la garantía de derechos fundamentales, según la jurisprudencia de la Corte Constitucional

Abstract

Abstract: This research paper addresses the principle of proportionality as a key element in the interpretation and review of decisions issued by the Constitutional Court of Ecuador, especially those that impact fundamental rights. Through a doctrinal and jurisprudential analysis, it examines the origins of this principle, its theoretical development in comparative law, and its reception in the Ecuadorian constitutional system. It details the structure of the proportionality judgment, composed of the subprinciples of suitability, necessity, and proportionality in the strict sense, which allow for the evaluation of the legitimacy of state restrictions on rights. It also conducts a critical study of landmark rulings such as No. 39-18-IN/22, 11-20-CN/21, and 03-19-IN/23, highlighting their importance in consolidating a constitutional justice system that guarantees rights. The paper concludes that, although the Court has made progress in applying the principle, challenges persist regarding its consistent and uniform application. Finally, recommendations are proposed aimed at strengthening institutions, regulations, and training to ensure the effective protection of rights and the consolidation of a constitutional state of rights and justice.