TENSION OVER THE MODEL OF CONTROL OF CONSTITUTIONALITY IN ECUADOR.

Abstract

The constitutionality control model applicable in each State must be clearly established by the constitutional norm or by the interpretation that the competent body may give. In Ecuador, from 1998 to 2008, a model of mixed control of constitutionality was undoubtedly applied. However, since its current Constitution, in force since October 20, 2008, there have been doubts about its control model, initially going through a concentrated one and trying to change to a mixed model and sometimes with the existence of a limited diffuse one. Given that, the present investigative work seeks to determine a suitable mechanism or way through which the Constitutional Court can issue a ruling with an erga omnes effect, which allows for the certainty of the constitutionality control model that exists in Ecuador. Using methods of the theoretical level of knowledge such as synthetic analytical and empirical such as documentary analysis. Concluding that the action of unconstitutionality is the ideal way that would allow the Constitutional Court to issue a ruling with erga omnes effect, on the model of constitutionality control that exists in Ecuador.