Consecuencias constitucionales del irrespeto al procedimiento parlamentario sobre la seguridad jurídica.

Abstract

This essay addresses the legal problem of procedural non-compliance within the National Assembly of Ecuador and how deliberative elusion fractures the constitutional order, generating a scenario of profound normative uncertainty. Faced with this reality, the study’s general objective is to determine the institutional and constitutional consequences arising from the non-compliance with the formal parliamentary procedure on the right to legal certainty within the Ecuadorian context. To achieve this, a qualitative methodology with a dogmatic, analytical, and jurisprudential approach was employed, based on the critical review of contemporary constitutional doctrine, the normative analysis of the Organic Law of the Legislative Function, and the exegesis of the lines of abstract control issued by the Constitutional Court of Ecuador, particularly Judgment No. 35-21-IN/22. The findings demonstrate that compliance with the previous legislative iter does not constitute an adjective formalism, but rather a condition of substantial validity of the law, concluding categorically that any deliberate procedural transgression nullifies the presumption of constitutionality of the norm and leads to its absolute formal invalidity, positioning the declaration of unconstitutionality as the only effective institutional guarantee to safeguard legal certainty and the supremacy of the Constitution against the arbitrariness of the legislative power.