To cite this article, you can use the following format: Carlos Alcívar Trejo, Juan T. Calderón Cisneros and Karla Maribel Ortíz Chimbo (2015): “The basis of law in the general principles of its application in Ecuadorian society”, Revista Contribuciones a las Ciencias Sociales, 27 (January-March 2015). Online: www.eumed.net/rev/cccss/2015/01/derecho-ecuador.html Article 95.- Citizens, individually and collectively, participate in a leading manner in decision-making, planning and management of public affairs and popular control of state and society institutions and their representatives in a constant process of building civic power. Participation is guided by the principles of equality, autonomy, public deliberation, respect for differences, popular control, solidarity and interculturality. Citizen participation in all matters of public interest is a right exercised by the mechanisms of representative, direct and community democracy. Article 117: It is forbidden to carry out legal reforms in electoral matters during the year preceding the holding of elections. If a provision is found to be unconstitutional, the National Electoral Council submits a draft law to the legislature for consideration within a maximum period of thirty days; If it is not processed, it enters into force by the Ministry of Justice. “. 7ª.- In the absence of law, those that exist in similar cases will be applied; And if there are none, the principles of universal law are neglected.
It is clear that in our legal system, abuse of rights is treated as a general principle of law, that is, “as a value rooted in the common consciousness or spirit of the people.” General principles of law should be applied directly by judges in all cases where there is no law and no customary law. The interpretation of the articles cited shows how our judges, using the ability enshrined in the law to apply the general principles of law, established the existence of the abuse of rights and, of course, punished it. However, the fact that there is no legal definition of the right is left to the discretion of the judge to determine whether a particular act with the appearance of fraud constitutes an abuse of rights or whether it is covered by formal elements that make it difficult for the judge to cross the barriers that hide the truth. In other legislations, a legal definition of abuse of rights is clearly defined and, of course, its sanction is clearly defined, as stated in Article 7 of the Spanish Civil Code: . 7.- 1. Rights must be exercised in accordance with the requirements of good faith. 2. The law does not protect the abuse of the right or the anti-social exercise of one`s right. Any act or omission which, by reason of the intent, purpose or circumstances of the offender, manifestly exceeds the normal limits of the exercise of a right to the detriment of a third party shall give rise to appropriate compensation and the adoption of judicial or administrative measures to prevent further abuse. This legal definition of Spanish legislation, which clearly illustrates the extent of the abuse of rights, the way in which it manifests itself and is exposed, and the consequences, compensation or reparation for the damage caused by the abuse and the possibility that the judge or an official will take measures to prevent the continuation of the abuse. Measures that we will have to analyze later and that lead us to the conclusion that it is already appropriate to clearly define the abuse of the law, rather than to establish a judgment on the essence of the norm and the hypothesis in order to clearly state its consequences, that is, the judgment on the duty to be the norm. Article 32: Health is a right guaranteed by the State, the realization of which is linked to the exercise of other rights, including the right to water, food, education, physical culture, work, social security, a healthy environment and other rights that make it possible to lead a good life.
The State guarantees this right through economic, social, cultural, educational and environmental policies; and sustainable, timely and inclusive access to programmes, measures and services to promote and deliver comprehensive health and sexual and reproductive health. The delivery of health services is guided by the principles of equality, universality, solidarity, interculturality, quality, efficiency, effectiveness, preparedness and bioethics with a gender and generational approach. Article 29 The State guarantees freedom of education, academic freedom in higher education and the right of individuals to learn in their own language and cultural environment. Mothers and fathers or their representatives are free to choose for their children an education that corresponds to their educational principles, beliefs and choices. Art. 31.- People have the right to the full enjoyment of the city and its public spaces according to the principles of sustainability, social justice, respect for different urban cultures and balance between urban and rural areas.