Viabilidad de los requisitos etarios para ejercer el sufragio pasivo en la Función Legislativa.

Abstract

In Ecuador passive suffrage to become a member of the Assembly is permitted from the age of eighteen, which is the reason why the Constitutional Court has had to resolve different consults regarding the National Assembly and its lack of enough requirements, according to their functions, that this organ establish in order to be an eligible candidate to represent the legislative plenary. With this in mind, the present work will make a historical review of democracy and the evolution of the obligations and rights involved, with the purpose to contextualize and delve into the national and international legal criteria, directly applicable in Ecuador according to the block of constitutionality, to demonstrate that the correct regulation of the political rights, with emphasis on the delimitation of age to exercise the passive suffrage in the legislative branch, do not constitute a regression of rights but instead is a constitutional and democratic valid decision that aims to preserve collective legal certainty.