Análisis jurídico de los parámetros para la participación del Amicus Curiae en las acciones constitucionales de Habeas Corpus en Ecuador

ABSTRACT: The Amicus Curiae within the Ecuadorian legal system has been seen as a figure of little relevance in the decision making process by the operators of justice. In addition, the legislator has not been allowed to develop a regulatory framework containing fixed parameters that regulate it and thus allow legal scholars and society in general to understand it in its context. Since 2008, Ecuador, being a constitutional State of rights and justice, involves people as subjects of rights based on the principle of citizen participation, as it guarantees the establishment of participatory mechanisms in the face of imminent human rights violations. Within the history of the nation since 1993, the Organic Law of the Ombudsman's Office places the Amicus Curiae "friend of the court", as this key piece that converges the State and the citizenship in the constant search for justice as a social goal of a more just, humane and equitable world. From the above, the Amicus Curiae as part of the constitutional actions especially when it comes to resolving jurisdictional guarantees is required immediately the development of guidelines that delimit fixed parameters that compel judicial officers to issue judgments with the contribution of a true criterion to better resolve, and that the spirit of this legal figure is not confused, emulating neighboring nations.

• Autor principal: Balla Ávalos, Wilson Geovanny (author)
• Formato: bachelorThesis
• Idioma: spa
• Publicado em: 2024
• Assuntos: Amicus Curiae; derecho; participación ciudadana; Habeas Corpus
• Acesso em linha: http://dspace.unach.edu.ec/handle/51000/12283