Como afecta a la seguridad jurídica ecuatoriana el derecho deportivo internacional.

Abstract

In the context of the interaction between the Court of Arbitration for Sport (CAS) and ordinary justice, there has been an observed overlap of competencies that can generate significant tensions. CAS, as the highest authority in international sports arbitration, is responsible for resolving disputes in the sports field through arbitration and mediation. Its arbitral awards have the force of judgment, which means they must be complied with immediately. However, this authority can come into conflict with ordinary justice when CAS decisions affect aspects regulated by national laws. The case of the soccer player Byron Castillo exemplifies these tensions. Castillo, involved in a controversy over his nationality and eligibility for the Ecuadorian national football team, faced decisions from both FIFA and Ecuadorian courts. While FIFA and CAS determined that the player met the sports requirements, the Ecuadorian judicial resolution affirmed his Ecuadorian nationality, challenging CAS's authority. This conflict highlights the need for a clear delineation of competencies and effective coordination between international sports law and national legislation. To prevent arbitration tribunal decisions from surpassing the competencies of national legal systems, it is essential to establish mechanisms that respect national sovereignty and rights while preserving the integrity of sports processes. A balanced approach will ensure a fair and consistent implementation of resolutions in both areas.