Autorización de salida del país: análisis de la obligación jurídica del notario público

Abstract

Notarial authorization for the departure of minors from the country in Ecuador is a legal procedure that verifies the consent of legal representatives and formalizes the minor’s departure from the national territory. Current regulations establish that this permit is mandatory when the minor is not traveling with both parents; it may be processed through a notary when no conflict exists. In this procedure, the notary acts as a public official, and their function is limited to verifying documentation, identity, and the intent of those providing authorization, in accordance with legal provisions. The notary’s role in this process is regulated, as it does not depend on personal criteria or subjective assessments. When legal requirements are met and valid consent exists, the authorization must be issued. Discretionary power does not apply in notarial proceedings but rather in judicial ones, which are utilized when there is disagreement between parents or representatives. Maintaining this distinction ensures that the process remains clear and predictable for families. A notary’s unjustified refusal to grant authorization may result in legal consequences. Such conduct may limit the minor’s right to leave the country and affect pre-consented family arrangements. Furthermore, as this is a public service, the notary may face administrative or disciplinary liability for acting beyond what the law permits. The principle of legality defines the notary's obligation and establishes that their duty is fulfilled by applying current regulations without demanding additional requirements or relying on assumptions.