El reconocimiento positivo de las sentencias atípicas dentro del derecho constitucional en el Ecuador.

Abstract

This study proceeds to recognize the role of atypical judgments issued by the Constitutional Court within the exercise of constitutional control actions. Therefore, the problem of this investigation is represented by how the atypical sentences violate the principle of separation of powers and legal security, being affected the legislative power that corresponds constitutionally to the National Assembly. Consequently, the general objective of this research consists of proposing an amendment to article 436.3 of the Constitution and a reform to article 76.4 of the Organic Law of Jurisdictional Guarantees and Constitutional Control in order to regulate the issuance of atypical sentences of the Constitutional Court. To meet this objective, the same marriage sentence is reviewed, which is an atypical substitute and subtractive sentence. Therefore, in the review of this ruling issued by the Constitutional Court, it can be verified how the text and scope of a legal norm can be changed. Regarding the research methods, the use of the qualitative modality and the carrying out of a descriptive study are recognized, which is complemented with the documentary observation of the sentence analysis. The analysis of the instruments certifies as a result that the atypical sentences interfere or take legislative powers that only correspond to the National Assembly, so it is necessary to carry out the constitutional amendments and legislative reforms proposed in this investigation.