Estados de excepción y la lucha contra las inmunidades del poder: COVID-19 en Ecuador

In: Cuestiones políticas, Band 41, Heft 76, S. 662-681

Abstract

The general objective of the research consists of relating the states of exception with the doctrine of administrative law, exposed by García de Enterría (2016), called fight against the immunities of power, in order to conceptualize the decrees with force of law on states of exception; with special reference to the decrees with force of law on states of exception for public calamity pandemic COVID-19, issued by the President of the Republic of Ecuador throughout the national territory, during the period from March 17, 2020 to September 1, 2020. The methodology refers to the documentary research strategy, supported by the analytical method. It is concluded that the COVID-19 pandemic puts at risk the existential conditions of the State: population, territory and government, due to the immediate spread of the coronavirus and the President of the Republic of Ecuador finds himself in the need to dictate acts of normative content, subject to internal - political and legal - and international control, containing measures of restriction and suspension of rights in a discretionary manner and with regulated elements, based on the principle of proportionality, called decrees with force of law on states of exception.