Exclusividad notarial para disolver la sociedad conyugal consensuada en Ecuador frente al derecho de igualdad.

Abstract

This scientific article addresses the relationship between justice, equality, and the legal framework in Ecuador. It focuses on the notarial exclusivity in the process of consensual marital dissolution. Despite the constitutional foundations of free access to justice and non-discrimination, applying this exclusivity poses challenges. A judgment issued by the Constitutional Court serves as a jurisprudential precedent. This judgment questions this practice and highlights how established regulations may be in conflict with fundamental principles. The text argues that the legal system must evolve to safeguard the rights of citizens, considering the real impact on their lives. It examines the current legal structure regarding marital dissolution, focusing on notarial exclusivity, its implications, and its contradictions with other laws and constitutional principles. It emphasizes how this exclusivity can affect individuals with limited resources, restricting their access to justice. The article explores the identification of solutions or legislative reforms to reconcile current regulations with constitutional rights, aiming for a more inclusive and fair system. Finally, it seeks to contribute to the legal and social debate in Ecuador. It offers a critical analysis of a topic that directly impacts individuals' rights when dissolving marital unions consensually.