El estado de excepción y su incidencia en la gestión de eventos de conmoción social en el Ecuador

Abstract

The state of exception in this research work fulfills a current role in the Ecuadorian state, for being a topic that we have seen repeatedly not only throughout this year but in the history of our country, thus working with a line of research directed towards public policy; law and society. The state of exception is defined as an extraordinary measure that becomes necessary when emergency situations arise that the state cannot face with the ordinary measures available to it, denoting that the state of exception is a measure that has the capacity to suspend constitutional rights and can be delimited to the entire national territory or to a part of it. However, according to the available background, the implementation of the state of exception would be a questionable measure, since the problem tends to persist even when the E.E. is renewed, that is to say that the maximum duration allowed by the constitution is 90 days maximum, according to article 166. The president of the republic by executive decree is the person who issues the state of exception and it is the constitutional court who has the responsibility to carry out the constitutional control in compliance with the provisions of articles 164, 165, 166 of the CRE.