Impacto constitucional del Decreto No. 741-2023 : medidas excepcionales, equilibrio de poderes y gobernabilidad en Ecuador.

Abstract

This essay seeks to study and analyze the constitutional repercussions of Decree No. 741-2023, signed by President Guillermo Lasso Mendoza, within the context of an economic and political crisis in Ecuador. This decree has sparked considerable discussion given its effects on the distribution of power and democratic stability in Ecuador, raising uncertainty about its compatibility with the principles enshrined in the Ecuadorian Constitution. The methodology employed in this essay is argumentative, grounded, and analytical, framed within the current legal system, addressing the decree's current and political repercussions. The magnitude of Decree No. 741-2023 is examined, considering its legal basis and its significance in the system of checks and balances. It also analyzes the possible consequences for the poor perception of legitimacy of public institutions in the face of citizen trust. This analysis seeks to determine whether the decree creates precedents or possibilities that could affect future government decisions or constitutional reforms. Furthermore, it aims to offer a comprehensive view of the dangers and difficulties involved in implementing exceptional measures in crisis situations. Likewise, it investigates the decree's impact on social unity and cohesion, as well as on the strengthening or weakening of the rule of law. Finally, it concludes that, although the decree may be justified and classified as an effective response, its potential to undermine or lacerate democratic principles requires rigorous examination by the sole and highest constitutional oversight body, seeking to ensure the rule of law prevails.