La impunidad presidencial frente al juicio político por efecto de la muerte cruzada en Ecuador.

Abstract

The relationship between impeachment and the concept of "mutual dissolution" within our constitutional framework is examined through the political process faced by former President Guillermo Lasso in 2023. This case allows us to analyze the impact of the application of "mutual dissolution" on the suspension of the President's impeachment proceedings, which sparked a debate about the scope of political oversight and the proper distribution of powers among the branches of government. The overall objective of this research was to analyze how this mechanism, incorporated into our 2008 Constitution, can become an instrument of immunity for the Executive branch, weakening the effectiveness of the principle of political accountability. The research was conducted using a qualitative, dogmatic, and critical approach, supported by the study of constitutional norms, jurisprudential pronouncements, and specialized legal scholarship. It is concluded that there is a legal vacuum that allows the impeachment process to be halted without establishing clear rules for its continuation, which harms and weakens the control of the legislative body. Therefore, the need to reform both the Constitution and the Organic Law of the Legislative Function is raised, in order to ensure that the processes of political control are not interrupted, even in scenarios of dissolution of the legislative body.