Tensiones entre las concepciones ideológicas de los principios de libertad e igualdad, en los procesos de creación, formalización y aplicación de la Constitución de 2008

Abstract

Ideology is a philosophical concept that has traversed the history of thought, despite its importance in the field of social sciences, it has been considerably relegated from the investigative centrality; The present investigation recovers the concept of ideology through a theory that brings together the relevant elements of previous formulations from a critical hermeneutic perspective, so that it can be applied to the field of Law and specifically to conflicts between constitutional principles such as those of equality and freedom, which by their nature have been shaped by mechanisms of a social, political and economic nature. The constituent process of 2007-2008, had certain particularities such as the inclusion within it of a series of "political vanguard" sectors, the formation of a majority and ultra-hegemonic partisan bloc, and the cohesion of a series of social demands from sectors relegated, phenomena that generated an unprecedented concern for the materialization of renewed notions of equality in the constitutional text, which led to the categories of freedom being restructured. Based on a mixed methodology, which combined qualitative analysis with the postulates of a theoretical matrix, the philosophical-ideological background underlying the processes of creation, formalization and application of the Montecristi Constitution was examined, identifying the philosophical currents implicit in the themselves, their theoretical tensions, as well as the fields of application indeterminacy and the problems to be resolved by the Constitutional Court, in view of the validity and vital course of the 2008 Constitution.