Establecer el alcance de la figura del Amicus Curiae frente al tercero coadyuvante en las sentencias vinculantes emanadas por la Corte Constitucional.

Abstract

With the birth of the new Constitution of Ecuador forged in Montecristi, Ecuador became a constitutional State of rights and justice where jurisprudence is a direct source and creator of law, in addition the range of jurisdictional guarantees grew and with this the entry into force of legal figures such as the amicus curiae (friend of the Court) and the third intervener, that is why in this work the doctrine as well as the jurisprudence of the Current Constitutional Court where they have dealt with these relevant issues is analyzed, which affirms the relevance of its study as it will be of great help to the defendants within the Constitutional sphere. The objective of the investigation is to identify if there are pronouncements in this regard from the Current Constitutional Court that, through its jurisprudential rules, regulate its application. Among the modalities of investigative approach to carry out this work, the qualitative one was used and with regard to the procedure used to develop this research, doctrine and jurisprudence were analyzed, using the observation guide as an instrument where what was observed in accordance with to the development of these legal figures. Based on all the above, and in view of the demonstrated importance of the procedural instrument studied, it is inevitable to conclude that the adoption of a specific regulation regarding the figure of the Amicus Curiae and the Third intervener in the Ecuadorian constitutional process is urgent.