La acumulación de procesos en los juicios contravencionales de violencia intrafamiliar y su incidencia en la tutela judicial efectiva.

This research was developed through the study of several contradictory rulings issued within the litigation processes in the Judicial Units of Violence Against Women and Members of the Family Nucleus during the year 2020. The period in which they have been filed complaints between romantic partners...

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Auteur principal: Santiago Martínez, Alex Danilo (author)
Format: bachelorThesis
Langue:spa
Publié: 2022
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Accès en ligne:http://dspace.unach.edu.ec/handle/51000/9268
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Résumé:This research was developed through the study of several contradictory rulings issued within the litigation processes in the Judicial Units of Violence Against Women and Members of the Family Nucleus during the year 2020. The period in which they have been filed complaints between romantic partners or members of the same family, who by physically assaulting each other, each file a complaint against the other, opening two different procedures before different judges, for the same fact, in which in a process the woman is the victim, and also the aggressor, which and this directly affects the applicability of the right to adequate judicial protection. The research was based on various methods and techniques, including the documentary bibliography that allowed access to the books, codes, and laws related to the research topic. Likewise, the synthetic, analytical method was used, with which the most relevant information from each of the work chapters was outlined and analyzed. It is concluded that when initiating two different processes based on the same fact, there is an immediate disengagement of the right to adequate judicial protection, being that there are cases in which the sentence of one of the processes is convicting for the aggressor. However, the aggressor appears like a victim in another process where the same facts are reported. This situation violates the right to legal certainty in article 82 of the National Constitution.