Inconstitucionalidad de la Resolución Nro. UAFE-DG-2022- 0129 relacionado al secreto profesional de los abogados.

Abstract

The proposed case study responds to an academic research paper in regards to the interpretation of the unconstitutionality of the Resolution UAFE-DG- 2022-0129, proposed by Financial and Economic Analysis Unit, resolution which condemns attorneys to report suspicious information to the FEAU. Neoconstitutionalism, which is one of many currents followed by Ecuadorian legal system proposes that, any law that disagrees with or contradicts the Constitution is to be considered unconstitutional. Therefore, the following analysis will determine how the practice of what is required by the FEAU, will result in a violation of the guarantee of professional secrecy, along with the right to the protection of personal data, recognized in our Constitution. The contradiction and ignorance of said rights, along with the guarantees, result in determining that said Resolution contradicts the constitutional hierarchy, same hierarchy found in articles 76 and 82 of the Constitution.