Resumo

SALTOS ORRALA, Miguel Ángel; MARCELO DE GAETANO, Andrés; ACHERITEGUY, Federico  e  GOMEZ VILLAVICENCIO, Roxana. Analysis of the definitions of the jurisprudence of the Constitutional Court of Ecuador on the norm consultation procedure and its consequences: interpretation or creation of rules?. Bol. Mex. Der. Comp. [online]. 2023, vol.56, n.167, pp.281-307.  Epub 25-Jun-2024. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2023.167.18554.

The article aims to investigate and analyze the scope and development of constitutional control in Ecuador, effective since the 2008 Constitution. It understands that the Constitutional Court itself, through its jurisprudence, has reshaped the characteristics and rules of exercising the constitutional control system, against a vague regulatory framework that offers divergent interpretations. As part of this inquiry, it will be demonstrated that the assumption of stability, a constitutive characteristic of the Kelsenian model, is in crisis. This is evident upon observing that the Constitutional Tribunals belonging to the systems derived from the concentrated constitutional control model, in certain hypotheses, jurisprudentially modify the rules of the control system, acting in a manner similar to the Supreme Courts of the judicial review model.

Palavras-chave : control; stability; kelsenian model; rules.

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