El acceso gratuito a la justicia y la consignación de dinero para la suspensión de la ejecución coactiva

Free access to justice is one of the fundamental rights of the human being. It means, according to our Constitution, part of the protection rights mainly protects the rights of all people to be able to go to the trial court when they feel their rights are threatened or only try it as its name says,...

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Autor principal: Adrián Fernando, Pérez Broncano (author)
Format: bachelorThesis
Idioma:spa
Publicat: 2020
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Accés en línia:http://dspace.unach.edu.ec/handle/51000/7068
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Sumari:Free access to justice is one of the fundamental rights of the human being. It means, according to our Constitution, part of the protection rights mainly protects the rights of all people to be able to go to the trial court when they feel their rights are threatened or only try it as its name says, to get justice. Thus, this right is understood as the basis from which the other rights involved in due process are derived. It is on this premise, the present research paper entitled: "Free access to justice and the appropriation of money for the suspension of enforcement execution", aims to determine, whether what is established in article 317 of the General Organic Code of Processes. It means the appropriation of an amount of money for the suspension of coercive enforcement, infringes the right to free access to justice to check whether this right is fulfilled in the approach to exceptions to coercive enforcement. To achieve the general objective, a critical, legal and doctrinal study of the right to free access to justice was carried out. The investigation results demonstrated that the allocation of money for the suspension of the coercive enforcement does not violate the right to free access to justice. Instead, it is considered a guarantee for the process followed in administrative proceedings, as is coercive enforcement and has no influence on the filing of exceptions by ordinary means.