Constitutional Court: Limitation of its power of selection and review of judgments on jurisdictional guarantees [Corte constitucional: Limitación de su facultad de selección y revisión de sentencias sobre garantías jurisdiccionales]

Abstract

The objective of this research is to analyze the constitutional court in terms of the imitation of its power of selection and review of sentences on jurisdictional guarantees from the case of Santo Domingo de los Tsáchilas in Ecuador. A qualitative approach was adopted, with a documentary and analytical design. The Constitutional Court of Ecuador faces limitations in its power of selection and review of enforceable judgments due to the lack of compliance in their referral, as evidenced in the case of the canton of Santo Domingo de los Tsáchilas. Factors such as ignorance, negligence and malice affect its capacity to establish binding precedents, standardize the interpretation of constitutional rights and guarantee the effective protection of rights. In addition to the lack of technological integration between the SATJE and SACC systems and the weak institutional coordination generate gaps in constitutional control, affecting predictability and legal certainty.