Trabajo de titulación previo a la obtención del título de abogado de los juzgados y tribunales de la república del ecuador.

Abstract

The research addresses the issue of constitutional control in Ecuador, specifically regarding the unconstitutionality by form and by substance, highlighting the perception that control by form has been less developed. The general objective is to analyze the application of these concepts through a theoretical-practical study of the Constitutional Court's decisions in 2022. A mixed methodology is employed, combining qualitative and quantitative approaches, with a descriptive-analytical and explanatory design. Techniques such as documentary analysis, semi-structured interviews, and statistical analysis are used to evaluate the Court's rulings. The results indicate that, although the theoretical foundations of unconstitutionality are solid, their application presents inconsistencies. The Court has applied stricter control over unconstitutionality by form, generating legal uncertainty. Significant differences between both types of unconstitutionality were identified, making this distinction crucial for the functioning of the system. In conclusion, it is recommended to strengthen the training of legal operators, implement interpretative guidelines, and establish standardized protocols for analyzing cases of unconstitutionality. These measures aim to improve predictability and coherence in the Court's decisions, thereby promoting constitutional supremacy and the protection of fundamental rights in Ecuador.