Inconstitucionalidad del justo precio dentro del proceso expropiatorio en el Ecuador.

Abstract

This work carried out the explanation, analysis and criticism regarding the erroneous way of calculating the fair price within the expropriation process in Ecuador. Specifically addressing the analysis of constitutionality, in support of judgments of the Constitutional Court of Ecuador, of the Inter-American Court of Human Rights, International and Constitutional law against fundamental rights validly and legitimately violated by the institution of expropriation, such as the right to private property and the right to decent housing. But noting the inadequate compensation that the State gives to the expropriated citizen. Additionally, the concepts of expropriation and its components are provided, in order to ensure that the reader knows or remember those definitions and follows the argumentative line on the existing violation in our country. As a final point, a solution is provided through the analysis of the institution and comparative legislation so that this dispossession acquires the necessary legal effectiveness in Ecuador.