La acción de incumplimiento de sentencias y dictámenes constitucionales y la reparación integral

Abstract

The non-compliance action of sentences and constitutional verdicts constitute a mechanism through which the administration of justice is obligated to solve legal problems through its officials, which was not given its final judgment, and therefore its integral reparation is a problem solved by a constitutional judge or the Constitutional Court itself. It is worth mentioning that these actions seek to satisfy a broken right or to make it effective, this function is exclusive to the Constitutional Court, which will provide the means to achieve an acceptable integral reparation. Additionally, it has the commitment to follow up on the execution phase to achieve its result which is to give a solution to a requested problem. It is appropriate to mention that the non-compliance action, in the Ecuadorian legal system, was created as a function only in the Constitutional Court, but this entity through its precedent “erga omnes” (mandatory) (Sentence Nª 00l-l0-PJO-CC, 2010), it categorized it as a constitutional guarantee, being opportune to activate it when it is not executed a sentence that violets constitutional rights. It is important to mention that the integral reparation constitutes a form to roll back the infringement in some way or to solve the damages to the victim who suffered a violation of his rights, compensating him to overcome the situation y thus guarantee his physical, psychological, and social development. The ways to repair a right within the Ecuadorian Law are restriction, economical or inherited compensation, rehabilitation, satisfaction, non-repetition guarantee, recognition procedures, public apologies, public services provision among others; to ensure the well-being of the people who attended to the legal system to look for a guide to solve their problems. That is why the non-compliance action is closely related to the integral reparation because to repair it, it is necessary to activate the created guarantees in the constitutional norms, following the proposed guidelines and the settled times.