Falta de reglas para la aplicación del precedente en el sistema jurisprudencial ecuatoriano.

Abstract

The purpose of this research is to analyze the lack of rules for the application of precedents in the Ecuadorian legal system. The precedents, defined as those parts of the jurisprudence that are prior and binding, were implemented with the issuance of the Constitution of the Republic of Ecuador in 2008 and with that, the power of the Constitutional Court, the National Court of Justice, and the Contentious Electoral Tribunal to develop the rules of precedent in Ecuadorian regulations was established. Therefore, this work focuses on the introduction and development of this system, regarding the lack of rules on how to apply the precedent, as well as the different types that make them up, since their introduction. For this reason, it is necessary to examine the expansion of each Court with respect to its own evolution of the precedent system in order to implement a clear guideline and promote the study of this system that contributes to the development of justice.