Constitutional Control Systems in Comparative Perspective: An Analysis of the Portuguese, Peruvian, and Ecuadorian Models

Abstract

This study analyzed the constitutional control system from a comparative perspective, emphasizing the transition of the Ecuadorian model toward a mixed configuration. The general objective consisted of evaluating the effectiveness and functioning of constitutional review within the legal systems of Portugal, Peru, and Ecuador to determine their similarities and divergences. A qualitative methodology was utilized with a descriptive and analytical approach, based on a documentary review of legal frameworks, specialized doctrine, and the jurisprudential analysis of Ruling No. 11-18-CN/19 of the Constitutional Court of Ecuador. The results evidenced that, while Portugal and Peru have consolidated hybrid structures with variations in the jurisdiction of their judges, Ecuador evolved from a rigid concentrated control toward a jurisdictional dialogue that integrates the constitutional block and the referral for constitutional review. It is concluded that the mixed control model strengthens the protection of fundamental rights by allowing effective cooperation between ordinary and constitutional justice, thus guaranteeing the material validity of the supremacy of the Constitution in cases of high social relevance.