El estado de excepción en Ecuador: deformación y abuso de poder a partir de la constitución de Montecristi.

Abstract

The States of Exception is that set of extraordinary measures that the Constitution empowers to resort as long as the order and security of the State is altered or violated, therefore to reach that moment the situations that cause it must have a real occurrence and greatly affect the normal development of the State, in addition to the fact that these situations cannot be faced by the ordinary means provided in the legal system, on the other hand, these have a specific time of total duration of up to ninety days and will be applied throughout the national territory or in a specific part of it. In the same way, this measure is the exclusive power of the President of the Republic, by virtue of which it seeks to prevent the Executive from incurring any abuse of its power, the Ecuadorian constitutional regulations propose three types of controls for State Decrees of Exception, which are the political control that is exercised by the National Assembly, the constitutional control exercised by the Constitutional Court and finally the conventional control exercised by the International Organizations. The present investigative work is oriented solely on constitutional control, considering as a general objective to analyze the use of the States of Exception by the Executive Branch based on the Montecristi Constitution of 2008 through the review of executive decrees and constitutionality rulings. issued by the Constitutional Court, which as the highest organ of constitutional justice in Ecuador is in charge of verifying that the formal and material requirements established in the Constitution of the Republic and in the Organic Law of Jurisdictional Guarantees and Constitutional Control are met. The type of research used in this study is descriptive and qualitative, therefore, the State of Exception will be addressed from its origins in Roman times until its establishment in Ecuador and current development from the 2008 Constitution, defining the principles in the which should be governed, the causes for its declaration such as in case of aggression, armed conflict, serious internal commotion, public calamity or natural disaster, and the rights that may be suspended or limited. Likewise, the work contains a critical analysis with respect to the constitutionality rulings and the measures adopted on the basis of the State of Exception by the Executive Power, which in most cases has indicated a clear abuse of power due to overreaching of said measures, it will also be possible to observe the omission of various legal requirements in the declarations of State of Exception in relation to the fact that there is no true justification of the grounds that are invoked, much less there is a correct use of legal principles, especially of the principles of temporality and territoriality, thus evidencing a deficient analysis and legal criterion by the Constitutional Court. Finally, different conclusions and recommendations that have been reached as a result of the investigation are presented.