Arrogación de atribuciones de la Corte Constitucional en la sentencia no. 34-19-IN/21.

Abstract

In this investigation, we will analyze the abuse of attributions of Ecuador’s Constitutional Court in their decision No. 34-19-IN/21, in regard to the unconstitutionality of articles 149 and 150 of the Penal Code which establish non punishable cases of abortion by rape. The Court, in the decision in question, gives itself powers which do not belong to the members of the court, nor are established in the Constitution or the Code of Jurisdictional Guarantees and Constitutional Control. This abuse of their faculties is based upon how the court orders the Public Defensory to present a bill of abortion in rape cases within a specific term and must be published by civil society, this way, abusing their powers determined in the Constitution and utilizing a loophole by ordering the people to present the bill, this being due to the fact that the people are amongst others who can present bills to congress. The fact that the maximum court nationwide has committed such an abuse is worrying and troublesome because they took advantage of their capacities and misused a universal legal principle, “In Public Law, one can only do what is established in the law”, in which case, the Court ignored this and gave itself a legislative power which cannot and should not be done, according to their capacities.