ANÁLISIS DE LAS SENTENCIAS ATÍPICAS SUSTITUTIVAS Y LA AFECTACIÓN AL PRINCIPIO DE SEPARACIÓN DE PODERES Y LA SEGURIDAD JURÍDICA POR PARTE DE LA CORTE CONSTITUCIONAL

Abstract

The present investigation intends to analyze the repercussions of the atypical substitute sentences issued by the Constitutional Court in relation to the principles of separation of powers and legal certainty, specifically to demonstrate how they intervene in the legislative role that the Constitutional Court has. National Assembly. Therefore, to fulfill this purpose, the same-sex marriage ruling in Ecuador is presented as a case study. In this way, a broad dogmatic and normative study is carried out, which allows identifying how and in what way the Constitutional Court assumes a role of positive legislator. Regarding the methodological aspects of this research, a qualitative study of direct and documentary observation is developed, where the foundations of the doctrine, the constitutional norms and the case study are analyzed. On the background of this research, a study of national and international doctrine was carried out to check if the study of this topic has significance in other legal realities of other States. Consequently, the results of this research allow us to recognize how the atypical substitutive sentences of the Constitutional Court are involved within the legislative role of the National Assembly when the Court does not have the competence or express power to reform the text, scope and purpose of a law. legal norm when the unconstitutionality of the norm has been declared within a consultation that starts from the control of constitutionality both at an abstract level and at a concrete level within the Ecuadorian legal system.