Análisis de la aplicación del control de convencionalidad en la justicia constitucional ecuatoriana.

Abstract

The control of conventionality is one of the most representative institutions within the Inter-American System of Human Rights, which has been developed in the jurisprudence of the Inter-American Court of Human Rights; in order to establish minimum standards for the protection of rights in the States, that have recognized their competence, as is the case of Ecuador. This figure consists of comparing the internal law norms of the States Parties with the American Convention and other International Human Rights Instruments. In this sense, this work seeks to analyze the application of conventionality control in the Ecuadorian legal system and how the aforementioned control has been understood and applied, since several problems have been generated in its application based on the jurisprudence issued by the Constitutional Court of Ecuador. It is concluded that despite the difficulties interposed by the same Court when regulating the control of constitutionality, of which the control of conventionality is complementary the recent constitutional ruling on equal marriage has established a jurisprudential precedent that empowers all public authorities to exercise the control of conventionality within the framework of its own procedural powers and regulations. Therefore, in this paper, different mechanisms will be proposed that allow all public authorities to exercise said control in an effective way.