La aplicación del principio de proporcionalidad en la restricción de derechos constitucionales durante los estados de excepción en el Ecuador.

Abstract

In recent years, the state of emergency in Ecuador has been repeatedly invoked to address security crises, and the declaration of an “internal armed conflict” has created a legal tension between the state’s duty to protect and the enforcement of fundamental rights. This essay addresses the issue of rigidity in constitutional review, questioning whether the application of the proportionality test hinders the state’s ability to act. The main objective is to critically analyze the criteria of suitability, necessity, and proportionality employed by the Constitutional Court in the rulings issued for these cases. The research is conducted using a qualitative approach and a legal-dogmatic method, based on a review of case law and legal doctrine, without the use of numerical or statistical measurement. The study’s conclusions will evaluate the effectiveness of the proportionality test as a check on state power by identifying the challenges faced by the Constitutional Court in reconciling dogmatic rigor with the reality of crises, and by proposing criteria to prevent abuses or arbitrariness.