La falta de regulación del Amicus Curiae en el Ecuador.

Abstract

The entry into force of the current Constitution of 2008 in Ecuador presented a robust catalog of rights and a wide range of jurisdictional guarantees; because of it, the figure of the amicus curiae, known and used internationally, is incorporated. The State through the law and the highest jurisdictional body, the Constitutional Court, seeks using this figure to be able to involve civil actors to exercise an active participation within the administration of justice in response to a progressive position adopted by Ecuadorian law. This work delved into the origin of the amicus curiae (friend of the court), its characteristics and importance, the role that represents within the process in aid of the judge and in defense of a public interest to provide clear information on a given topic and consequently help to raise the level of argument evidenced in their sentences. The main objective of this work is to determine whether or not in Ecuador there is a need to regulate the figure of the amicus curiae, in order to provide certainty to those who seek to use the figure; by analyzing legislation of countries in which it is regulated, through comparative law.