Estudio comparado sobre las formas de control de la justicia constitucional ecuatoriana y latinoamérica

Abstract

The research entitled “Comparative Study on the Forms of Control of Constitutional Justice in Ecuador and Latin America” is based on the field of constitutional law with the objective of determining the forms of constitutional control. It expands to examine, compare, and determine the various procedures, parameters, and legal challenges, through the legal means that guarantee the supremacy of the Constitution. The importance of delving deeper into this research topic lies in the fact that constitutional control constitutes a fundamental pillar of the constitutional state of rights and justice. Currently, the forms of control of constitutional justice are of particular relevance within the Latin American context. This is based on the constant transformations of constitutional systems and the role played by the supreme body in carrying out constitutional control in specific Latin American countries (Constitutional Court or Tribunal). From this context arises the importance of conducting in-depth research, identifying similarities, differences, and particularities among the various models adopted in countries of the region with social and geographical similarities that contribute to doctrinal development and the improvement of guaranteed mechanisms. The main result obtained was that the Ecuadorian justice control system has characteristics that allow it to be considered a mixed model within Latin American constitutionalism. In the Ecuadorian state, the Constitutional Court interprets legal norms, thus concluding that effective constitutional control varies according to the adequate articulation between jurisdictional mechanisms and the institutional strengthening of the bodies responsible for guaranteeing constitutional supremacy in close relation to the effective judicial protection of fundamental rights.