Exploring the boundaries between literal legal interpretation and common sense: proposals for constitutional harmonisation [Exploración de límites entre interpretación legal literal y sentido común: propuestas para armonización constitucional]

Abstract

Public funding for political parties is a fundamental mechanism for guaranteeing electoral fairness and the right to political participation in Ecuador. This research analyses the implications of the proposal to eliminate these resources on essential democratic principles and constitutional compliance. Using a qualitative approach and an exhaustive documentary analysis of the current legal framework, including the Constitution, the Code of Democracy, the jurisprudence of the Contentious Electoral Tribunal, and contemporary doctrine, the potential effects of eliminating state funding were evaluated. The results show that the elimination of public funds could restrict the participation of new political groups, exacerbate inequalities in access to public office, and increase dependence on private resources. It is concluded that such a measure would violate constitutional precepts by limiting the full exercise of the right to political participation, compromising the plurality and electoral equity established in the national legal system.