El control de convencionalidad en el Ecuador : criterios jurisprudenciales.

Abstract

The Inter-American Court of Human Rights, in the search for the protection of such rights, constituted the concentrated and diffused control of conventionality. The first is exercised solely by the Court in its co-adjuvant capacity, in cases that reach its jurisdiction after the national instances have been exhausted. The second is exercised internally by each State. This paper approaches an analysis of the diffused control of conventionality in ecuadorian legal system. Such analysis is carried out by studying certain decisions of the Constitutional Court of Ecuador that include interpretations of the Constitution of the Republic of Ecuador and of the conventional norms. It concludes that, despite the difficulties presented by certain norms that have regulated the control of constitutionality of which the control of conventionality is complementary, the recent constitutional sentences about equal marriage in Ecuador have set a constitutional precedent that empowers any public authority to exercise the control of conventionality within their corresponding competencies.