Análisis constitucional del derecho a la honra y a la libertad de expresión en el estado ecuatoriano.

Abstract

The development of a democratic society lays its foundations on the unrestricted fulfillment of the fundamental rights of people, in the case of Ecuador, these rights are proclaimed in the Constitution and the state is called to protect and guarantee their fulfillment. Honor and Freedom of Expression must be exercised by persons with responsibility, without the exercise of one or the other signifying the breach of the other Right, this occurs through the limitations that each Right has. The exercise of Free Expression cannot be a shield on which to protect oneself to taint the honor of another person. The state was declared affected in its honor thanks to a publication by a private media outlet, something that the Constitutional Court later delimited since it indicated that the State is not the holder of the rights, but rather the guarantor that these are fulfilled, in addition it was indicated that the Right to Honor should not be exercised by the state, since it is not a person and the objective of the Rights was always to protect people from abuses by the state apparatus.