La imprescriptibilidad de las obligaciones a favor del Instituto Ecuatoriano de Seguridad Social y su compatibilidad con la seguridad jurídica.

Abstract

This essay examines the constitutional compatibility of the doctrine of imprescriptibility of obligations held in favor of the Ecuadorian Social Security Institute (IESS) with the constitutional right to legal certainty within the Ecuadorian legal system. In practice, the IESS has consistently maintained that such obligations are not subject to limitation periods, thereby enabling the indefinite exercise of its enforcement powers. This position gives rise to a significant legal issue, as it undermines the stability of legal relationships between the State and individuals. The objective of this study is to critically assess the institutional stance of the IESS from a constitutional perspective, in order to determine whether it is consistent with the inherent limits of the constitutional right to legal certainty. The analysis adopts a qualitative, doctrinal-legal approach, based on the systematic examination of Constitutional Court jurisprudence, applicable legal provisions, and specialized legal doctrine. The study concludes that the position upheld by the IESS is incompatible with the constitutional right to legal certainty. The statute of limitations emerges as a fundamental legal institution designed to impose temporal limits on the exercise of public power; its disregard undermines the effective protection and enforcement of legal certainty as a constitutional guarantee.