Constitutional State of Rights and Paradoxical Action

Abstract

The exercise of power in a State of Law is limited by the law and the constitutional rights of individuals. When this balance is broken, the State begins to act against its stated aims, and becomes a para- clonic State, that is, a State that subverts itself. In this way, the principle of transference is broken, according to which it is human rights that give content to the law and politics. The method of action of a paradoxical state is the paradoxical action, action that, often, places, in a discretionary way, rights over others or certain values ​​over fundamental rights. The use of paradoxical action as the main mechanism of state action is increasingly noticeable in the government of Refael Correa, especially regarding the use of the penal system to curb crimes committed by adolescents. The use of paradoxical action, in this field, is expressed in the adoption of a purely repressive proposal, which does not consider that the prosecution of crime must exceed the penal system, whose response is purely casuistic, and reach the scope of the law. economic policy and social policy, from which crime can really become a public issue and responses have the possibility of going beyond individual cases, to focus on the conditions that generate the social challenge expressed in crime.