The staggered clause and its limits regarding the ius puniendi of the Ecuadorian State in contracts with possible criminal implications

Abstract

This article analyzes the staggered clause in the context of Ecuadorian law, specifically examining its restrictions in relation to the State's right to punishment and the possibility of resulting in prison sentences. The objective is to identify and analyze the contradictions and regulatory gaps that affect the effective application of the staggered clause in the Ecuadorian legal system, with the aim of proposing legal reforms and jurisprudential criteria that strengthen its effectiveness while protecting public interests and private autonomy. The research adopted a qualitative approach through legal documentary analysis, examining the current Ecuadorian legislation, national and international case law, and specialized doctrine on the subject. Legal reforms and jurisprudential criteria are proposed aimed at strengthening the effectiveness of the stepped clause, while simultaneously ensuring legal certainty, protecting public interests, and respecting private autonomy.