Razonamiento constitucional y derechos fundamentales : una mirada procesal al matrimonio igualitario en el Ecuador.

Abstract

The feasibility of marriage between people of the same sex in Ecuador, as a result of the ruling issued by the Constitutional Court, became one of the national recognitions in the field of human rights, with the greatest connotation in recent years. Therefore, from this degree work, the scope of legitimacy of same-sex marriage will be based on constitutional reasoning and fundamental rights, through the use of qualitative methodology with a descriptive approach. In this way, as a result of the theoretical determination of marriage as a fundamental right and equal marriage, the range of protection of this right will be established, within the international system of human rights and at the level of comparative legislation, systematizing it, under the regime National legal system structured according to the lines of thought established by the Constitutional Court, in sentence No. 11-18-CN / 2019, from which elements of relativism that violate the limits of the Constitution and Natural Law emerge. In this sense, the popular consultation will be defined as a legal mechanism capable of claiming the legitimacy of the fundamental right to marriage.