La ponderación de derechos constitucionales en los fallos de la Corte Constitucional del Ecuador : análisis de conflictos entre el derecho a la salud y la libertad económica (2020-2024).

Abstract

In the context of the Ecuadorian legal system, the right to health and economic freedom are fundamental principles that can come under tension, especially during health emergencies such as those caused by COVID-19, the measures taken by the State to protect public health involved temporary restrictions on economic activity, generating a debate on the pre-eminence of certain rights and on the need for the legal system to offer solutions based on constitutional weighting, in order to harmonize both legal goods and resolve the dispute in a balanced way. Objective: To analyze how the Constitutional Court of Ecuador applied the principles of weighting and hierarchization of rights in cases related to the conflict between the right to health and economic freedom during the period 2020-2024. We used a qualitative-descriptive methodology, focused on the jurisprudential analysis of judgments of the Constitutional Court, including protection actions, review of restrictive measures and decisions linked to the state obligation in the provision of health services and the exercise of economic activities. Interpretive criteria were identified and the reasonableness and consistency of decisions with constitutional principles were evaluated. It was evident that the Court sought to maintain a balance between the protection of health and economic freedom, prioritizing life and social welfare, although with limitations in argumentative clarity. The weighting of rights is confirmed as an essential mechanism for resolving constitutional conflicts, strengthening legal security and protection of fundamental rights.