La configuración del servicio notarial a partir de la jurisprudencia de la Corte Constitucional del Ecuador, desde el año 2019.

Abstract

In exercise of its powers, the Constitutional Court has issued several opinions that constitute binding precedent regarding several aspects that regulate life in society. These precedents guarantee the supremacy of the Constitution. Notary publics are not exempt control originating from the Constitutional Court, being that the exercise of a notary’s activity has to be in accordance with the Constitution. This activity requires offering a public service, which also must be exercised in accordance with the principles and rights of a Constitutional State of Rights and Justice. The Constitutional Court has issued a number of opinions, for this academic article four opinions have been selected, that allow for developing, interpreting and examining the notary public’s activity through a constitutional lens. The notary public has a fundamental role in the Ecuadorian state and is a guardian of preventative legal certainty. The opinions that will be analyzed in this research work, allow the notary public’s activity to be subjected to the legal system. We hold that the actions undertaken by the Constitutional Court have been positive, with that said, we consider that there are still steps to take regarding this topic. The objective of this research has been to analyze how the Ecuadorian Constitutional Court’s opinions, since 2019, have configured the notary service, identifying its main effects and achievements in the context of Ecuadorian notary publics. Regarding the methodology, both empirical and theorical methods were employed. The methodology was characterized by qualitative investigation, doctrinal and document analysis and case review.