The use of cross death by the executive for the assurance of Ecuadorian political stability: Ecuadorian case Executive Decree 741

Abstract

Introduction: Since the creation of the democratic states, the perseverance of their governability has been a topic of controversy when their different branches of power cannot interact constructively to safeguard the interests of the people. For this reason, legal mechanisms have been implemented with the aim of regaining governance when it is lost. In Ecuador, the concept of "muerte cruzada" (cross-death) has been used for this purpose, and we will analyze whether it is indeed a suitable approach within the country's context. Methodology: The inductive-deductive method was employed to analyze the socio-political situation in Ecuador at the time of the issuance of Executive Decree 741, within the framework of the Constitution and opinions from the Constitutional Court regarding "muerte cruzada." Type of Research: This research utilizes qualitative research, allowing us to gather and analyze relevant data on the subject, as well as opinions and perceptions from individuals with expertise in the field and the public. Results: We have been able to demonstrate that the concept of "muerte cruzada" is undoubtedly a mechanism through which governance can be restored in a state when it has been undermined by socio-political factors. This allows citizens to have the ability to elect new leaders to complete a term. Conclusion: We have concluded that while the application of "muerte cruzada" in the Ecuadorian context is indeed a suitable mechanism for recovering governance in a fractured political system, the context in which the President of the Republic found himself raises doubts about whether this concept was employed for that purpose or if it was simply a strategy to avoid facing a political trial. General Study Area: Law. Specific Study Area: Constitutional Law.