El test de proporcionalidad como herramienta de control de restricciones a derechos fundamentales en el constitucionalismo ecuatoriano.

Abstract

Abstract: This paper analyzes the proportionality test as a tool for constitutional control, based on the analysis of Ruling No. 1072-2021-JP/24, which addresses the Furukawa Case. Following a jurisprudential review, the evolution of this test in Ecuadorian case law is evidenced, along with its function as a mechanism to protect fundamental rights against State-imposed restrictions and omissions. First of all, presents the theoretical foundations of the test, its structural elements, and the case law of the Constitutional Court, which has strengthened its use as a rational and mandatory argumentative technique to justify any infringement of fundamental rights. Subsequently focuses on the application of the test in the Furukawa Case. The parameters of the test are evaluated in light of the State's omission, concluding that such omission was neither suitable nor necessary and was disproportionate in the strict sense, as it produced no public benefit and caused severe collective harm. Finally offers an institutional and practical critique of the ruling, identifying the challenges to complying with the orders of integral reparation. While the ruling represents a progressive milestone, its effectiveness depends on political will, sustained investment, and institutionalized monitoring. In summary, when properly applied, the proportionality test makes it possible to expose structures of oppression, demand State accountability, and promote effective and restorative constitutional justice for historically excluded groups.