Overruling. - parámetros para alejarse del precedente constitucional. Análisis de las sentencias No. 227-12-Sep-Cc y No. 1158- 17-Ep/21, que versan sobre la motivación

Abstract

The following study constitutes a theoretical-bibliographical, constitutional, and legal analysis work on the method of departure from precedent, overruling, in the Ecuadorian context. The main objective of this work is to define the guidelines that the Constitutional Court uses to overrule. To overcome this objective, it is necessary to define the basis of this figure, being the precedent, in a general context and the Ecuadorian context, to later analyze overruling and its incidence in Ecuador. Based on this, it has been decided to take within the study guidelines that are generated in comparative law, in the Organic Law of Jurisdictional Guarantees itself, based on the study of various doctrinaires, and guidelines that the Constitutional Court itself throughout various sentences have defined, to reach a single agreement on these and recommend the establishment of certain guidelines in the exercise of overruling.