La propiedad en sede constitucional frente a la facultad estatal de expropiación.

Abstract

The relationship between the right to property within the constitutional framework and the state's power of expropriation in Ecuador is a subject of continuous interest and debate. The Ecuadorian Constitution acknowledges and safeguards the rights of private property as a fundamental right, protecting the interests of property owners. However, the State holds the authority to expropriate in cases of public utility or social interest, creating a delicate balance between safeguarding property owners' rights and collective needs. This research delves into how Ecuadorian law addresses this balance, emphasizing the importance of safeguarding the rights of private property while allowing the State to act in exceptional situations that necessitate expropriation, highlighting the need to protect individual interests within the framework of collective needs. Additionally, it conducts a study of various cases in the application of jurisdictional guarantees in protection action processes, examining rulings issued by the Constitutional Court, legal provisions, case law, and doctrines that recognize the protection of property in a constitutional context regarding expropriation, primarily utilizing bibliographic and analytical methods. In this context, this research aims to delve into the legal concept of property protection within constitutional matters, primarily concerning the deprivation of real estate and established rights to private property initially, and subsequently, the application of jurisdictional guarantees concerning the violation of those rights.