El Entorno fáctico y la legitimidad del Estado de Excepción según la Constitución del Ecuador y la jurisprudencia constitucional..

Abstract

Abstract: This research examines the factual environment as an essential element for the legitimacy of the state of emergency in Ecuador, in accordance with the 2008 Constitution and the jurisprudence of the Constitutional Court. The exceptional, temporary and restricted nature of this figure is analyzed, as well as the principles that govern it: legality, necessity, proportionality and territoriality. Through the study of emblematic judgments, especially No. 3-20-EE/20, it is evident how the Court has strengthened substantive control over executive decrees, requiring a concrete, differentiated and technically supported factual motivation. The prohibition of successive renewals without new facts and the requirement of specific territorial delimitation are highlighted. The work underscores the tension between public security and fundamental rights, and how the Court seeks to preserve the constitutional balance in contexts of crisis. Finally, it is concluded that the role of the Constitutional Court is crucial to avoid the arbitrary use of the state of emergency, ensuring that this measure does not become the rule, but that it remains a legitimate and exceptional tool within the constitutional state of rights and justice.