Las garantías jurisdiccionales y la jurisdicción constitucional implementado a partir de la entrada en vigor de la Constitución ecuatoriana de 2008.

Abstract

Background: Social peace as a product of material justice, determines the main aspiration of modern States, materializes in democratic constitutional systems, sustained over time through constitutional justice, integrated into two aspects, jurisdictional guarantees and the constitutional jurisdiction. The Ecuadorian constitutional model implements as a guardianship mechanism, a structured system of jurisdictional processes and organic powers, which constitutes the object of study of the present investigation. Objective: Analyze the jurisdictional guarantees and the constitutional jurisdiction implemented from the entry into force of the Ecuadorian Constitution of 2008; Methodology: in a qualitative approach, with a descriptive and explanatory scope, with a doctrinal legal systematization methodology; Result: The Ecuadorian Constitution establishes the objective and material scope of jurisdictional guarantees. Determines the jurisdiction and competence of the bodies in charge of constitutional justice. The Organic Law of Jurisdictional Guarantees and Constitutional Control disagrees in part, both in form and substance, with the constitutional approach. The divergent model implemented in the Law, blurs the objective of the constituent who prescribed a simple, fast and effective procedure, oral in all its phases and stages; Conclusion: The premises established by the constituent, do not find complete correlation in the organic law of Jurisdictional guarantees, which allows effectively and efficiently, to meet the budgets that the constituent prescribed in the procedural design of the Ecuadorian constitutional jurisdiction. Based on this budget, as a feasible project, a proposal for a partial modification of the law is proposed.