Los mecanismos de protección a miembros de las Fuerzas Armadas dentro de un estado de excepción enfocado a un paro nacional

Abstract

Abstract:This research analyzes the legal protection mechanisms applicable to members of the Armed Forces during their operations under states of exception, beginning with the jurisprudential development established by the Constitutional Court of Ecuador. The primary objective is to define the constitutional criteria that safeguard the performance of their duties within a constitutional state governed by rights and justice. The study employs a qualitative approach characterized as legal-dogmatic, descriptive, and analytical utilizing systematic legal, logical-legal, historical-legal, exegetical, and jurisprudential analysis methods. Data collection involved a literature review, document analysis, examination of legal norms, and an analysis of Constitutional Court rulings, supported by a jurisprudential matrix. The findings demonstrate that constitutional jurisprudence has solidified criteria linked to the principles of legality, necessity, proportionality, reasonableness, and temporality, thereby delineating the competencies and responsibilities of members of the Armed Forces. It is concluded that these criteria strengthen their legal security and authorize constitutionally legitimate action; however, areas of practical uncertainty remain, which require greater normative precision.