EL SISTEMA DE PRECEDENTE COMO MEDIO PARA LA APLICACIÓN REAL DEL PRINCIPIO DE IGUALDAD

Abstract

Ecuador follows the roman tradition of the law, which leads us to develop it in a strictly positivist sense. Nevertheless, through history the precedent system has been developed, which has never had a transcendent importance in positivism as a source of law. However, the jurisprudence in Ecuador has slowly gained entrance in our courts and the precedent system has developed as a way to guarantee equality in the judicial system. The principle of equality is the cornerstone by which the ecuadorian law moves forward, because the decisions of the judges are subject to a homogenization that guarantees equal treatment of all citizens accessing the justice system, due to all the analogous cases being treated in the same manner, regardless of the subjective character of each case. For this, the precedent system has been developed as a way to secure equality in the judicial system.