Criterios utilizados por la Corte Constitucional del Ecuador para la determinación de la compensación en equidad dentro de la reparación integral.

Abstract

The present article constitutes a study on the implementation of the principle of equity within the Ecuadorian justice system, specifically as a mechanism of judicial interpretation employed by the judges of the Constitutional Court of Ecuador to determine equitable compensation as part of the comprehensive reparation to victims of human rights violations. The analysis focuses on the parameters identified in legal doctrine for the application of reparation based on equity, namely: motivation, individualization, and exceptionality. Furthermore, a case law analysis is conducted to assess whether the aforementioned or other criteria are applied by the judges of the Court, thereby determining the objectivity or subjectivity of their decisions. Within this context, the study concludes that the identified parameters are often disregarded, underscoring the need to further develop the substantive content of the criteria for equitable compensation. It is proposed that additional elements be considered, such as the victim’s situation of vulnerability, the length of time elapsed before reparation was granted, among others.