The abuse of the state of exception figure and its constitutional review: the Ecuadorian social rehabilitation system

The national social rehabilitation system crisis has reached enormous proportions. The scenario of deaths occurred under the custody of the State is now of public knowledge and has concerned international human rights bodies. Between 2019 and 2021, the central government has decreed states of exception three times with their subsequent renewal, each for the maximum term allowed. The Constitutional Court of Ecuador has issued the respective constitutionality rulings. In the follow-up phase, the Court has promoted intersectoral articulation of governing institutions, academic, civil society sectors, and of individuals deprived of freedom. In February 2022, the Government enacted the 2022-2025 Social Rehabilitation Public Policy. This paper analyses the abuse of the figure of the state of exception to address structural issues that have not been resolved in the ordinary sphere of public management, and the role of the Constitutional Court and its legal philosophy in this process.