La titularidad de derechos constitucionales; y, la relación entre los derechos a la libertad de expresión, a la rectificación. Análisis del caso “Diario La Hora” No. 282-13-JP de la Corte Constitucional del Ecuador

Abstract

This job aims to clearly identify the holders of rights and as a consequence of that, the exercise of the same within the jurisdictional guarantee of protection action, since the scope to present them is wide in the Ecuadorian legal system. It is then that the amplitude so that they can be presented judicially, sometimes it generates a denaturation to the object of said action. The method used is the qualitative one, through the case analysis No. 282-13-JP-, which originates from a protection action filed by the National Undersecretary of Public Administration against “Diario La Hora” and “Editorial Minotauro SA”., that is because of some publications made in that media regarding advertising expenses by public institutions. Through the full case analysis, it is observed that there are a series of right violations to freedom expression, and the relation with rectification right or response, especially when it comes to public interest information; despite the fact that the Constitution set that everyone has the right to receive and seek information without any prior censorship, Art. 18 CRE. Likewise, it is important to keep in mind the selection manner of judgments by Ecuador Constitutional Court, for the issuance of binding jurisprudence.