El control constitucional del estado de excepción por la pandemia del COVID-19, en relación a los Dictámenes No. 3-20-EE/20 y No. 5-20-EE/20.

Abstract

The following complex examination includes an analysis of the constitutionality control, opinions No. 3-20-EE / 20 and No. 5-20-EE / 20 of the second state of exception and its renewal, respectively, decreed by the COVID pandemic 19; in relation to its duration (principle of temporality), the grounds invoked, the renewal, and the suspension or limitation of the exercise of certain rights. The author considers this analysis pertinent regarding the pandemic declared by the World Health Organization WHO, which forced the States of the world and consequently Ecuador to take extraordinary measures of their legal system in order to protect from the challenging threat, the rights to health and life of the population. As a general objective, it is intended to determine if the aforementioned rulings on the constitutionality control of the states of exception in Ecuador, motivated by the COVID 19 pandemic, are adapted to the inter-American constitutional and conventional regulation. Qualitative work will be carried out for this general purpose and its specific objectives.