Abuse of rights and distortion of jurisdictional guarantees, analysis and jurisprudential limits

Abstract

The recent events described in the various rulings issued by the Constitutional Court have allowed the conglomerate to appreciate how many protagonists of constitutional lawsuits and their sponsors have been declared abusers of their rights by resorting to filing lawsuits based on factual elements and legal assumptions unrelated to the very nature of jurisdictional guarantees. This fact has led to a firm line of jurisprudence by this body, seeking to curb the excessive presentation of jurisdictional guarantees that, in essence, do not justify a scenario of violation of constitutional rights, but rather processes aimed at obtaining personal and economic benefits. This research will focus on analyzing some of these rulings, as well as the legal concept of abuse of rights and the distortion of judicial constitutional guarantees, in order to present a criterion based on these assumptions, which, for now, are part of the decisum of the resolutions of the highest constitutional interpretation body in Ecuador. To structure this academic research process, we used pure dogmatic legal, exegetic, and analytical-synthetic research methods, based on a qualitative approach.