Desarrollo jurisprudencial del principio de favorabilidad en el Ecuador: criterios de la Corte Constitucional

Abstract

Abstract: This study analyzes the jurisprudential development of the principle of favorability in Ecuador, based on criteria systematized by the Constitutional Court. The article begins by noting that, despite the express recognition of this principle in Article 76, numeral 5 of the Constitution, its practical application involves divergent criteria that generate legal uncertainty. Using a qualitative approach specifically a legal-dogmatic and jurisprudential analysis the study examined rulings issued by the Constitutional Court of Ecuador between 2020 and 2025 to systematize the applied criteria and explain the consequences of interpretive variability. The results demonstrate that the principle of favorability is not limited to a quantitative comparison of penalties but extends to procedural and enforcement aspects; furthermore, its most frequent violation stems not from erroneous interpretation, but from the adjudicator's failure to rule on the argument raised. Additionally, it was found that this principle can be invoked *ex officio*, even when the petitioner's primary claim does not succeed. The study concludes that bridging the gap between the formal recognition and the effective application of the principle of favorability represents a key contribution to strengthening due process in criminal proceedings in Ecuador.