LA PONDERACIÓN COMO MÉTODO DE INTERPRETACIÓN IDÓNEO PARA LA PROTECCIÓN DE DERECHOS CONSTITUCIONALES

Abstract

The juridical interpretation in constitutional sense could be considered like a tool that the Ecuadorian constitution give to the knowledgeable judges of the subject, for the analysis of the norms that rule them, and, for some reason they are incompatible with the dispositions of our “Carta Magna” plus the rights and the guaranties too , with the paradigms written in there too, with the finality that there could exist harmony between both with a lot of criteria that allow to the justice administrator to elucidate the norms putted in their exam. According with an analysis of our internal juridical system, the high praise is found inside the methods where the constitutional judge could Access when there´s a conflict between norms and values, so, the interpretation of constitutional rights and values its substantial for their protection, because, identifying them, we could define the weight or the valuation that they have in some cases that value or norm according to the analysis of the acts that carry to them and that are notified to the judicial authority. The study of the constitutional normative, doctrine and jurisprudential analysis, results necessary for a true interpretative exercise, because the high praise, encountering intimately connected with the proportionality principle, allow the judge to realize a due protection of rights and principles for a better justice efectivization, because not all the principles that are in consideration of the jurisdictional entity, complete the necessary qualities and requisites to be considered norms or principles that have influence in the constitutional dimension of the Ecuadorian rights