Jurisprudencia y Ciencias Sociales
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Item Interpretación Constitucional y aplicación de los precedentes emitidos por la Corte Constitucional del Ecuador(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-03-21) Muñoz Pinto, Xavier Mauricio; Guerrero Zuñiga, EdisonConstitutional interpretation and the application of precedents issued by the Constitutional Court of Ecuador hold a pivotal role in the practice of Ecuadorian law. Since the implementation of the 2008 Constitution of the Republic of Ecuador, these topics have directly influenced the country's judicial activity. Moreover, there is a significant lack of understanding among ordinary constitutional judges and practicing lawyers regarding precedents in a strict sense, thereby undermining legal certainty. In light of this, the objective is to analyze the relationship between constitutional interpretation and the application of precedents issued by the Constitutional Court of Ecuador. To this end, a descriptive study is conducted using a qualitative methodology, positioning this research within the line of inquiry of “public policies, law, and society,” and addressing its impact on the stability and coherence of the Ecuadorian legal system. The analysis delves into significant cases from the Constitutional Court of Ecuador and gathers high-quality knowledge through interviews with highly recognized constitutional law experts in the country. Thus, the research explores the progress of constitutional interpretation in Ecuador and the risks of overstepping its limits. Additionally, constitutional precedent is defined, outlining its main characteristics, how it should be identified and applied, and ultimately emphasizing the importance of a precedentbased legal culture for the Ecuadorian legal system. Finally, the thesis concludes with recommendations to enhance the understanding of the interpretative role of the Constitutional Court and to strengthen the proper application of precedentsItem Tutela judicial efectiva a la luz de la ejecución de sentencias expedidas por la corte interamericana de derechos humanos contra Ecuador(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-09) Loma Peñafiel, Tatiana Elizabeth; Poaquiza Poaquiza, Angel PatricioThe Inter-American System of Human Rights is configured as a supplementary mechanism to which recourse is had if the organs, institutions and powers of a State do not fulfil their function of guaranteeing the validity of the human rights recognised in the American Convention on Human Rights (Pact of San José); thus the victims or their relatives can appeal in the first instance to the Inter-American Commission which, if it considers it necessary, will take the case to the Inter-American Court so that it can decide on the appropriate action. This jurisdiction is recognized by Ecuador and therefore these judgments are binding on the Ecuadorian State as provided for in Article 68 of the American Convention. With this background, the present work will analyze the answers to the following questions: How does the lack of execution of sentences affect the right to effective judicial protection? What legal effects does the non-execution of sentences by the sanctioned State bring? What procedural mechanisms can be used to force the State to comply with the sentences issued by the Inter-American Court? The development of the thesis consists first of all of the definition of the right to effective judicial protection as well as its contents, which consist of accessing the organs of justice, obtaining from them a motivated sentence so that the judicial resolutions can be executed, achieving with the latter the materialization of the right to judicial protection and the rights recognized in said sentence; since effective protection is provided for in the Constitution, it is the State itself that must guarantee the effective enjoyment of it. It also explains the type of sentences that the Inter-American Court of Human Rights issues