Temporalidad del recurso de apelación en las garantías jurisdiccionales, la seguridad jurídica y el principio de supremacía constitucional

The problematic axis of the investigation arises from the temporality granted for the appeal in Article 24 of the Organic Law of Jurisdictional Guarantees and Constitutional Control, as well as what is established in the jurisprudential precedent of Decision No. 001-11-SCN-CC, issued by the Constitutional Court of Ecuador, which regulates three working days to file the challenge, noting that it deals with terms, which brings us to an antinomy with the Constitution of the Republic, which states in Article 86 numeral 2 that all days and hours are working days and hours in matters of jurisdictional guarantees talking about deadlines. For this reason, it is necessary to make a literal analysis of the norm, evidencing how it violates legal certainty and constitutional supremacy. Thus, the problem to be investigated was posed as the antinomy on the temporality granted to the appellant to file the appeal in the matter of jurisdictional guarantees that establishes working days and deadlines violates legal certainty and the principle of constitutional supremacy. The conceptual theoretical foundation dealt with temporality, the appeal, legal certainty and constitutional supremacy. The methodology was sustained through the qualitative modality and the technique through the study of a practical case that evidenced the problem. Finally, the proposal sought to move the Constitutional Court away from the jurisprudential precedent in an argued manner and to carry out a reform through the National Assembly of Ecuador, to article 24 of the constitutional procedural norm to guarantee the constitutional State of rights and justice.

• Автор: Egas Cevallos, Kleber David (author)
• Формат: bachelorThesis
• Мова: spa
• Опубліковано: 2025
• Предмети: TEMPORALIDAD; APELACIÓN; SEGURIDAD JURÍDICA; SUPREMACÍA CONSTITUCIONAL
• Онлайн доступ: https://dspace.uniandes.edu.ec/handle/123456789/18972