El principio de progesividad de derechos en la constitución de la república del Ecuador.

Abstract

The exercise and application of rights contained in the constitution is subjected to the limits established by the constitutional principles, by which it is formed the spectrum of state protection and guarantee of the citizens’ rights and integrates a comprehensive part of the essence of the constitutional rule of law and justice. Among this principles, the principle of progressiveness involves not only the execution, but also the imperative need of forming a legislative and judicial policy that does not allow a stalemate or regression of rights, but ensures a constant development of the constitutional rulings, in the frame of Law and social evolution. Nonetheless, with the rational progression of the application of constitutional rulings, it becomes truly problematic the determination of what constitutes a regression of a constitutional right, and when a right can be suppressed or reduced in order to protect the common good. For that reason, it is necessary an analysis that allows to understand our constitution, in order to effectively execute and guarantee the rights contained in it.