Constitutional Review of Jurisdictional Actions in the Action for Non-Compliance in Ecuador

Abstract

The research was developed within the context of the Ecuadorian legal system, specifically analyzing the constitutional review of jurisdictional actions through the action for non-compliance (acción de incumplimiento). The central problem lies in the fact that, despite the existence of binding constitutional rulings, situations of total, partial, defective, or delayed non-compliance persist, affecting the effectiveness of fundamental rights and constitutional supremacy. In this regard, the study aimed to analyze the scope of the constitutional review of jurisdictional actions through the action for non-compliance in Ecuador. Methodologically, the research was conducted under a qualitative, legal-documentary approach, employing dogmatic-legal, analytical, and descriptive methods, as well as the documentary analysis technique applied to regulations, doctrine, and constitutional jurisprudence. Among the results, 5 relevant rulings of the Constitutional Court were analyzed (001-10-SIS-CC, 050-13-SIS-CC, 003-14-SIS-CC, 009-17-SIS-CC, and 7-19-IS/21), along with 3 fundamental legal instruments: the Constitution of the Republic of Ecuador, the Organic Law of Jurisdictional Guarantees and Constitutional Control, and the standards of the Inter-American System of Human Rights. It is concluded that the action for non-compliance constitutes an effective jurisdictional guarantee to ensure the enforcement of constitutional rulings, strengthen effective judicial protection, and consolidate the constitutional state of rights and justice.