El control difuso y el control concentrado en el Ecuador. Análisis de la sentencia de la causa No. 09113-2022-00002, de la Corte Nacional de Justicia.

Abstract

The purpose of this research is to address a study of the judgment in case No. 09113- 2022-00002 from the National Court of Justice and determine how the application of diffuse control of constitutional norms affects legal certainty in Ecuador. This question will be analyzed by contrasting two trends, namely concentrated control versus diffuse control, where judicial actors play a pivotal role in interpreting existing norms. The Montecristi Constitution (2008) establishes concentrated control of the Constitution, in line with Article 429, which states, "The Constitutional Court is the highest authority for constitutional control, interpretation, and administration of justice in this matter," in accordance with articles 113 and 170 of the Organic Law on Jurisdictional Guarantees and Constitutional Control. In this way, the Ecuadorian state establishes that a single entity, the Constitutional Court, will exercise and declare constitutional control, enjoying autonomy and independence from the other branches of government.