Estados de excepción a la luz del control constitucional: análisis del decreto ejecutivo n.º 110 y del dictamen 1-24-ee/24.

Abstract

A State of Exception is a legal mechanism designed to address extraordinary situations that threaten public security and state order; consequently, this study analyzes how its application entails the restriction of fundamental rights subject to constitutional oversight. It examines Executive Decree No. 110 of January 8, 2024—issued by the President of Ecuador, Daniel Noboa—and the corresponding Constitutional Court ruling (1/-24-EE/24) to assess the constitutional parameters governing such measures. In this context, the research analyzes the constitutional procedure for declaring a state of exception and the oversight exercised by the Constitutional Court, adopting a doctrinal, normative, and jurisprudential approach within the Ecuadorian legal framework. The study demonstrates that the Court verified the existence of a situation of serious internal unrest and examined the executive's measures restricting rights—such as freedom of assembly, the inviolability of the home, and freedom of movement—against current constitutional standards. It thereby determines the circumstances under which states of exception fulfill their legitimate function as a constitutional tool for addressing grave threats to public and state security, while adhering to the principles of necessity, temporality, and proportionality. Ultimately, the study concludes that constitutional oversight constitutes a fundamental mechanism in the declaration of a state of exception.