El notario como agente de garantía de los derechos humanos.

Abstract

This research examines the role of the notary as an agent of human rights in Ecuador, with a specific focus on the canton of Latacunga. In a constitutional State of rights and justice, the notarial function—exercised by legal professionals vested with public faith—transcends its traditional formalist role to become an instrument for the protection of rights, since the State’s highest duty is to guarantee those rights, and the notary is part of the State apparatus. The study is based on the hypothesis that there is a disconnection between notarial practice and the human rights approach, arising from structural, institutional, and educational factors. Prima facie, notaries tend to conceive themselves merely as formalist officials, overlooking that their functions include advisory, preventive, shaping, receptive, authenticating, and legitimating roles, which collectively translate into preventive legal certainty—legal certainty being the cornerstone for the exercise of other rights. Using a legal-philosophical and dogmatic methodology, with descriptive and explanatory approaches, this work analyzes notarial agency as the capacity to actively influence the guarantee of rights through the protection of legal certainty. This analysis is complemented by a normative, doctrinal, and jurisprudential review, highlighting the potential of the notary as a human rights agent, particularly for individuals whose circumstances require reinforced protection. The research proposes strengthening the rights-protective dimension of the notarial function through legislative reforms, training with a human rights perspective, and institutional oversight mechanisms.