La revocatoria del mandato en el Ecuador como derecho de participación consagrado en la Constitución del 2008. Alcances y limitaciones

Abstract

This investigation, which concerns the recall and its regulations in the Ecuadorian legal system, begins with the study of what is democracy and later on identifies its different categories, while establishing what are their characteristics and explaining the reasons why it should be considered as a mechanism of direct democracy. Likewise, a descriptive analysis is carried out on the concept of fundamental rights, trying to identify whether or not the recall constitutes a constitutional right of citizens. To address this figure and its regulations within the national legal framework; doctrinal, historical and normative data are used, observing its development both constitutionally and legally; since its institutionalization in the Political Constitution of 1998 up to its new regulation in the Republic’s Constitution of 2008. All of this while emphasizing reforms to the Organic Law of Citizen Participation and the Organic Electoral Law, Code of Democracy which have denatured the legal figure that serves as object of this investigation. Making this legal figure less accessible, hindering its exercise as a right and consequently, changing it to ineffective. Finally, the jurisprudential analysis of the sentence number 001-11-SIO-CC carried out by the Ecuadorian Constitutional Court, correspondent to the case number 0005-10-IO-CC of unconstitutionality by legislative omission, due the impact of this ruling in the reforms of May 2011 to the revocation process in Ecuador.