Incidencia del estado de excepción en el ejercicio de derechos en Ecuador.

Abstract

This study examines how measures adopted under states of emergency affect the exercise of rights in Ecuador. It starts from the premise that emergency powers are justified only when ordinary institutional tools are insufficient to address serious circumstances expressly recognized by the Constitution. The analysis reviews the Constitution of Ecuador, the Organic Law on Jurisdictional Guarantees and Constitutional Control, the Public and State Security Law, applicable international standards, and Constitutional Court case law. Using necessity, proportionality, legality, temporality, territoriality, and reasonableness as parameters, the research assesses when a restriction may be constitutionally admissible and when it may exceed constitutional limits. The study argues that the impact on rights cannot be evaluated only from the decree itself, because relevant effects may arise during implementation. It therefore proposes amending article 124 of the LOGJCC to require periodic information on implementation, results, and the impact of exceptional measures while they remain in force.