La vulneración de la garantía constitucional de doble instancia en el procedimiento contencioso administrativo del Ecuador

ABSTRACT: The constitutional guarantee of double instance is the power granted by the Constitution to be able to challenge judicial decisions, which is why it is linked to different constitutional rights and guarantees and its application is different in each legislation. This constitutional guarantee is considered part of due process and is applied in various matters in which administrative law is included. This guarantee to be able to challenge extends the opportunity to citizens, who feel that a violation is being caused through a decision, the right to appeal also represents the most appropriate form of review for another court to examine the process in search of defects in the procedural acts to achieve their straightening and restore legality to the aggrieved. There is a confusion between the constitutional guarantee of double instance and double conformity since it is considered of equal meaning, however, they have their particularities and different application as detailed in doctrine and jurisprudence, for which the similarities and differences between the two constitutional guarantees will be analyzed so that there is no confusion at the time of developing the main topic. The procedure for contentious administrative trials according to the General Organic Code of Processes, consists of only one instance, that is, contentious administrative jurisdictional actions lack second instance, since from the judgment of first instance the only vertical appeal that proceeds is that of cassation, so it is necessary to determine if there is a violation of the principle of double instance in the contentious administrative procedure. In this degree project, these problems will be investigated, from the approach of the administrative field, to reach the conclusion if there is a violation of the right to a second instance due to the absence of the appeal.

• Yazar: Carvajal Medina, Paúl Jonathan (author)
• Materyal Türü: masterThesis
• Baskı/Yayın Bilgisi: 2022
• Konular: Doble instancia; contencioso administrativo; segunda instancia.
• Online Erişim: http://dspace.unach.edu.ec/handle/51000/10034