Desarrollo jurisprudencial de los elementos del derecho a la seguridad jurídica y su incidencia en la acción extraordinaria de protección.

Abstract

Background: The right to legal certainty is one of the fundamental rights of a constitutional state based on rights and justice. Its definition arose from the need to provide certainty to rights and establish them in a constitution, as described in its early history in the Declaration of the Rights of Man and of the Citizen in 1789. In Ecuador, it is established in Article 82 of the 2008 Constitution of the Republic. However, the elements and characteristics of legal certainty that allow for a clearer understanding of its importance and meaning are developed in the jurisprudence of the Constitutional Court, mainly in judgments of extraordinary protection, which are used to argue its decisions. Objective: To study the development of the elements of the right to legal certainty in the jurisprudence of the Constitutional Court. Methodology: A qualitative, analytical, and descriptive methodological approach is used. The analysis is based on the jurisprudence of the Constitutional Court of Ecuador. Results: The Constitutional Court has established three fundamental elements of the right to legal certainty: reliability, certainty, and non-arbitrariness. It also includes a fundamental characteristic, reasonable predictability, which it does not mention as an element, but which provides a better understanding of its scope and meaning. Conclusion: The study of the elements of legal certainty through extraordinary protection rulings strengthens the effectiveness of the legal system.