La limitación al derecho constitucional a desarrollar actividades económicas : caso sector bebidas alcohólicas en el Ecuador.

Abstract

The alcoholic beverage sector protects its actions in the right to develop economic activities described at the constitutional level; however, its conflict with other constitutional rights derives in a limitation to its exercise. The general objective of this research is to analyze how the State limits the right to develop economic activities for the sector; examining the concept of limitation or restriction to the exercise of a constitutional right; reviewing the limitations within the national legal system applicable to the sector; finally, the principle of proportionality is applied to the right to develop economic activities within the sector. This scientific research is defined with a qualitative, pure, descriptive, transversal and macro social approach, whose procedure consists of examining the concept of the proportionality test by defining its elements, building the theoretical framework; then, the identification and analysis of the legal bodies that regulate the limitations to the right to exercise economic activities in the sector. Finally, the application of the categories developed in the theoretical framework to the regulatory situation of the sector. It was concluded that the limitation to the right to develop economic activities in the alcoholic beverages sector is not arbitrary since it has a constitutionally valid purpose, it is suitable, necessary, and strictly proportional to protect the right to health of the nation's inhabitants.