The application of the principle of proportionality in the context of the constitutional state of rights and justice: an analytical and reflective perspective.

Abstract

The principle of proportionality plays a fundamental role in guiding the judge to understand the true nature of justice and to apply it effectively, as well as to dose the use of a rule in such a way that it does not violate the essential core of fundamental rights. It is necessary to understand that proportionality implies finding an adequate balance between individual rights and the general interest, preventing the excessive application of a rule or measure from disproportionately harming the rights of individuals. In conclusion, the application of the principle of proportionality in the constitutional state of rights and justice in Ecuador represents a challenge in the interpretation and application of the legal system; this is the essence of the work.