Maestría en Derecho Constitucional

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    El precedente, la jurisprudencia y las reglas jurisprudenciales en la justicia constitucional y ordinaria en el Ecuador
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-09) Arroba Salazar, Ana Alexandra; Vargas Villacrés, Borman Renán
    The present investigation has been developed with the objective of generating a critical legal analysis on the obligatory nature and prevalence of the preceding, the jurisprudence and the jurisprudential rules dictated by the Constitutional and Ordinary Justice in Ecuador, to sensitize their application in the administration of justice. The same is important because it is related to actions taken against the judicial decisions of the National Court of Justice, Courts or Courts of last or only instance, before the Constitutional Court. Which generates disagreements when applying and interpreting constitutional and secondary norms in order to guarantee and protect the rights of people; for this reason the need of the present to raise awareness of their application, considering the principles of legality, devices and legal certainty; In addition to becoming a permanent current issue due to the social dynamics in the different cases resolved by the Constitutional Court of Ecuador and the perspective generated by the judgments that nullify the decisions emanating from ordinary justice. In the present research work, a qualitative approach was applied, a basic modality of field research and documentary bibliography, and as exploratory and descriptive types of research, with the line of research within the Constitutional Jurisdiction, supported by the Ecuadorian legal system. , historical, philosophical and constitutional theoretical assumptions; reaching as a result the normative identification that governs the legal institutions investigated both in constitutional and ordinary justice, which allowed to capture criteria for the distinction of prevalence in the application of the precedent, jurisprudence and jurisprudential rules in constitutional and ordinary justice in the equator.