Fundamentacion jurídica de la resolución emitida por la corte constitucional dentro del decreto ejecutivo 1217

Abstract

This research covers a world-famous topic, within this it deals with the health situation generated by the global pandemic originally composed of COVID-19, which currently brings with it a variant of the name SARS-CoV-2, since the The appearance of this new variant generated particular interest for society, as it caused an impact within it, under the command of the President of the Republic of 2020, Lcdo. Lenin Moreno, considered it necessary to take efficient measures to control it, for which he issued Decree 1217 on December 21, 2020, which was declared unconstitutional by the National Court of Justice under Decision No. 7-20-EE / 20 on December 27 of the same year, based explicitly on errors of form and material control that were not evidenced as true within the motivation presented by the president for the applicability of said decree, in addition to being expressed in relation to the existence of other resources and Measures that qualify as appropriate to control the consequences that occurred before the infections by Covid-19, said this, this work was based on analyzing the need to have filed a new decree and studying the legal basis that declared it unconstitutional, under a qualitative, descriptive, inductive, analytical, hermeneutical and exegetical methodology.