El estado de excepción como instrumento de represión y vulneración de los derechos constitucionales

Abstract

This research work deals with a precise analysis of the figure of the state of exception reflected as an instrument of repression and violation of fundamental rights that has been arising throughout several governments precisely because of its excessive and arbitrary use. Therefore, it has been determined in this work that there is an inadequate interpretation of the fundamental norm, in addition to an erroneous use of this figure by not fully complying with the guidelines and principles that must be taken into consideration when declaring a state of exception. This legal figure may be used when situations occur that endanger the security and rights of citizens; however, the regulations in Ecuador have been inadequately used by various governments in office. Thus, this project is made up of three chapters: the first one refers to the category, principles, human rights, and legal security; the second one refers to the decrees that have not complied with the respective guidelines; finally, in the third chapter, research methods such as qualitative, legal-descriptive of the unconstitutionality of the decrees, and legal-proactive methods are used to provide possible solutions to the inappropriate interpretation of the regulations.