Revalorización de la jurisprudencia en ordenamientos que provienen del civil law: El caso ecuatoriano

The judicial creation as a source of law, in the Ecuadorian case, has been underdeveloped in relation to other Laws of the countries in this region. Based on this hypothesis, this research poses a new perspective of the status of the Law and, specifically, about the Constitutional Precedent, its importance, and its functions in the System of Sources.
It analyzes, from the conceptual framework of the scope of judicial creation, in the families of origin in the Civil and Common law, how the transformation of the legal status of the Constitutional State stablishes a rethinking on the sources of Law, under the determination of the ontological and epistemological status of this source of Law and how this new paradigm imposes the rethinking of the classical theory of separation of powers. These transformations are linked to the need of legal argument, as a necessary limit in the lawmaking. The conclusion is that there exists a revaluation of Jurisprudence in the Constitutional State.