La normalización del estado de excepción en el Ecuador. Análisis de los dictámenes constitucionales del periodo 2023-2025.

Abstract

Abstract: This article analyzes the states of exception decreed in Ecuador between November 2023 and December 2025 covering the current presidential term from constitutional and doctrinal perspectives, with particular attention to the oversight exercised by the Constitutional Court. The research examines key rulings issued during this period and the application of constitutional limits on the exercise of extraordinary power. Employing a qualitative approach and a legal-doctrinal method, the study analyzes the repeated use of the state of exception, particularly in response to insecurity and crime. The findings indicate that exceptional measures have become normalized over time, losing their original nature as temporary, subsidiary, and truly extraordinary mechanisms. Drawing on the work of Giorgio Agamben, this recurring usage highlights a clear danger: that a constitutional tool designed to address specific emergencies could end up becoming a routine mode of governance. Ultimately, while the Constitutional Court attempts to oversee these declarations, it is evident that legal constraints on extraordinary power must be strengthened if the supremacy of the Constitution and fundamental rights are to be effectively protected.