Alienación y anomia en la finalidad del proceso de selección y revisión de la Corte Constitucional.

Abstract

This work exposes a LEGAL problem of alienation and anomie regarding the process of selection and review of sentences, which the Constitutional Court has to create precedent. The Court DOUBLE distorts the purpose of the process; a)- because a jurisprudential development is expected on the core concept of constitutional rights and guarantees, and instead, the Court limits itself to ratifying the content of the previous ruling, which makes it difficult to understand the true purpose of this process in the practice. b)- uses this process for a different purpose, which is to RATIFY the merits and/or MODIFY the sentence, affecting the right to legal security of the parties in the process, article 82 of the Constitution of the Republic of Ecuador, (in forward CE). This Act implies assuming that there is another procedural instance, affecting res judicata as happens in the sentence example 166-12-JH/20 (deprivation of liberty by individuals) which RATIFIES THE PREVIOUS SENTENCE 7 years later. Neither article 436 – 6 of the EC, nor article 25 of the Organic Law of Jurisdictional Guarantees and Constitutional Control (hereinafter LOGJCC), enable a selection and review process and powers to RESOLVE AND/OR RATIFY (the substance of a final sentence). Furthermore, since it affects the right to legal security of the parties, it should be treated under the RESERVATION OF LAW (articles 82; 132-1 and 133-2 of the EC), therefore, the Court needs a prior law to use this process with a purpose other than giving precedents.