Conflictos normativos entre la legislación ecuatoriana y el TAS desde el caso Byron Castillo.

Abstract

Sport is an activity of universal character that has been performed throughout the years, as old as the human being, evolving to the point of being considered an object of study of Law. In view of this, the central purpose of this research is to analyze the normative inconsistencies and tensions that emerge in relation to Ecuadorian legislation and the Court of Arbitration for Sport, in the context of the Byron Castillo case. This topic instigates a reflection on the legal sovereignty of nations and the weight of the influence exercised by international entities in decisions related to the sports field. The results of this work indicate that, firstly, the fine imposed is not congruent between the amount and the seriousness of the alleged infraction committed, making it a disproportionate fine; and secondly, that the CAS lacks the competence and power to determine the citizenship of a person or the veracity of the information in his passport, especially when the institution and the national authorities with jurisdiction over the registration of personal information have made it clear that the documentation provided is authentic, including the information contained therein.