Análisis de los estados de excepción y su posible desnaturalización desde el hiperpresidencialismo en los años 2017-2021

Abstract

The main objective of this research work is to determine the improper, excessive and arbitrary use of the figure of state of exception, thus producing the denaturalization of the same, during the period of Lenin Moreno's government between 2017-2021. Thus, the analysis of the declarations of state of exception that were made during this period of government and that were the subject of research determined that this figure was used to overcome crises that developed due to the government taking economic measures and to counteract the spread of the Covid-19 virus where the figure of state of exception was used excessively by the executive, which despite the fact that it could resort to ordinary bodies did not do so and resorted to extraordinary mechanisms. There are both national and international regulations that establish the requirements to declare a state of exception, despite these regulations have not been complied with and there has been the omission of some requirements contemplated in the law, in addition to the fact that the grounds to make use of this figure is not the correct one and before this it can be evidenced that there is not a correct control by the Constitutional Court, which is the competent body to determine the constitutionality of the states of exception once the grounds and foundations used in it have been gradually analyzed.