Maestría en Derecho Constitucional

Permanent URI for this collectionhttp://repositorio.uta.edu.ec/handle/123456789/30517

Browse

Filter results by typing the first few letters
Now showing 1 - 1 of 1
  • No Thumbnail Available
    Item
    Derecho a la tutela judicial efectiva y la ejecución de sentencias constitucionales
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-10) Zurita García, Jessenia Alejandra; Altamirano Dávila, Carlos Fabián
    The investigation addressed the right to effective judicial protection and its impact on the execution of constitutional sentences. As effective judicial protection is a right promulgated in the Constitution of the Republic of Ecuador, it should be fully complied with when executing a sentence, since this right, in addition to contemplating access to justice, due process, ensures that the sentence obtained in a trial is fulfilled. However, currently there are palpable cases where the role of the judge ends with the issuance of the sentence, often leaving it as a mere enunciation of rights or as a dead letter, ignoring that the work of the judge ends only with the complete execution of the sentence. The factors for which the constitutional sentences are not complied with, is the culmination of this investigation since, from that, the actions of non-compliance appear before the Constitutional Court, actions that have been filed several years ago and that to this date they do not have a solution, which is why this concern arises. What justice are we talking about when a person has not been able to have his rights repaired despite having a favorable sentence? The methodology used has both a quantitative and qualitative approach, since, with the data collected from non- compliance actions, the phenomena were interpreted based on the results and the way in which individuals experience the problem was examined. The research describes the characteristics of the unenforced sentences, exposes how the problem arises and, together with theories of various authors, consistent results have been given. With the sample obtained based on the daily experience of the Tungurahua lawyers forum, it is shown that aspects such as lack of clarity in the sentences, lack of motivation, gaps in the sentences, ambiguity, among others, are the factors for which the sentences constitutional are not followed. The investigation concluded with a revelation of the described problem, with a number of causes that have not been able to take effect despite the fact that they have a sentence issued by the competent constitutional body. However, the analysis compared to Colombian legislation provides a solution to the detailed problem, as well as mechanisms that will make our justice a true daily practice, providing citizens who trust in constitutional justice an answer to their needs.