INCAPACIDAD FÍSICA O MENTAL CAUSAS DE CESACIÓN DE FUNCIONES DEL PRESIDENTE DEL ECUADOR ESTUDIO DE CASO

Abstract

This article is part of the Constitutional Law, since the purpose of the investigation was to analyze the controversial aspects that might result from the cessation of the functions of the President of the Republic of Ecuador for the physical or mental incapacity caused by Article 145, numeral four of the Ecuadorian Magna Carta. The study is qualitative, therefore descriptive and the techniques that were followed are of a documentary and bibliographic nature. In addition, a case study was implemented based on the analysis of 12 Latin American Constitutions. The results reveal that the countries of Central America do not contemplate in their Magnificent Letters the cessation figure due to physical or mental incapacity. While of the nations of South America: Peru has the causal moral or physical disability, Uruguay suggests the permanent causal incapacity and only Venezuela coincides with Ecuador, since, they insert in the same way the figure of physical or mental disability as a cause of cessation of their respective presidents. Finally, the ambiguity of the wording of number four was demonstrated and the amphibological malice is set, which threatens the clarity of the wording of number 4 of article 145.