Contenido y alcance del derecho a la seguridad jurídica y la tutela judicial efectiva en la jurisprudencia constitucional ecuatoriana : 2017-2021.

Abstract

In the investigation, an analysis of the content and scope of the right to legal certainty and effective judicial protection in the Ecuadorian constitutional jurisprudence is carried out, in the period 2017-2021, with the objective of determining the jurisprudential lines established by the Constitutional Court of Ecuador. Regarding the right to legal certainty and judicial protection, through a doctrinal and jurisprudential study. A qualitative methodology of documentary type was applied, through which the relevant sources for the subject were reviewed, such as books and scientific articles, legislation, international instruments and national and inter-American jurisprudence, which allowed identifying the jurisprudential lines in the matter of right to effective judicial protection and legal certainty that must be guaranteed by the judges, who are precisely the ones who can incur in violations of these rights in the exercise of their functions. The review of judgments showed as a balance that in the period studied the Constitutional Court has been outlining the criteria that judges must take into account to better safeguard the aforementioned rights, to avoid damages to the rights and guarantees of the parties. At the end of the text, the pertinent conclusions and recommendations are formulated with which the research questions are answered and it is demonstrated that the proposed objectives were achieved.