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THE IMPORTANCE OF THE THEORY OF FUNDAMENTAL RIGHTS IN ECUADOR

Abstract:

The present research work is focused on the fundamental rights that every human being possesses therefore the Theory of Fundamental Rights in the constitutional state of Law is of great transcendence, because, its knowledge will safeguard and guarantee the protection of the fundamental rights of the citizens, however, the Ecuadorian university, has neglected its teaching in its classrooms. This is corroborated when it is found that, in several Ecuadorian universities, this discipline is not taught, which reflects the low level of knowledge of lawyers about this theory. The objective was to determine whether Ecuadorian universities teach the theory of fundamental rights. For this purpose, the curricula of these universities were reviewed and a questionnaire was applied to lawyers in free practice, on aspects of the referred theory, such as: their conception of Law, structure, theoretical proposals, methods of argumentation, based on the theoretical positions of Rober Alexy, Luigi Ferrajoli and Juan Antonio García Amado. The hermeneutic and exegetic method was used, which allowed a hermeneutic study of the object of study. The conclusion was that the alma mater does not teach the theory of fundamental rights. This has as an effect the ignorance of the aforementioned theory.