Jurisprudencia constitucional como fuente primaria del derecho y su incidencia en el derecho procesal constitucional.

Abstract

With the promulgation of the Ecuadorian Constitution in 2008, the country was moved to a constitutional state of rights. This imposes the need to restructure the conceptions that have traditionally existed on the sources of law. Given this reality, it is necessary to analyze the role of constitutional jurisprudence as a primary source of rights, in contemporary States. From this, the study presented aims to demonstrate the relevance of this type of jurisprudence in any system, analyzing its viability in the national reality. This is achieved, through qualitative and quantitative research, which through the use of theoretical and empirical methods and various techniques, manages to verify the relevance of constitutional jurisprudence as a source of law and the need for it to be considered in Ecuador. Considering the investigation carried out, it was concluded that although in Ecuador there is no express recognition of the sources of Constitutional Law, nor of constitutional jurisprudence, nor of constitutional jurisprudence as the primary source, the judges, doctrine and legislation, legitimize the adoption of this position.