El Estado constitucional ecuatoriano y el costo de los derechos. Un análisis crítico

Abstract

This thesis examines the relationship between the concept of the cost of rights and the full justiciability of all rights established in the Charter of Fundamental Rights under the paradigm of the constitutional state. The methodology used was a qualitative approach, and the dogmatic, inductive-deductive, and analytical-synthetic methods were also employed, as well as the literature review technique of laws, jurisprudence, and doctrine. The results theoretically justify that, during the validity of the 2008 Constitution, beyond the guarantee-based model, the aspect related to the cost of rights was not observed. Additionally, it is necessary that in the materialization of rights, a prioritization be made to first identify the most important ones due to the scarcity of economic resources and the crisis Ecuador is experiencing. It implies properly allocating budgetary resources to the most relevant and necessary rights to ensure a full life. Keywords: costs, rights, legal, budget, protection