La resolución de las excepciones previas en la audiencia preliminar por el juzgador en los procedimientos no penales ordinarios, vulnera el derecho a la tutela judicial efectiva del demandado

The present curricular work titled: "The resolution of preliminary exceptions in the preliminary hearing by the judge in ordinary non-criminal procedures, violates the defendant's right to effective judicial protection", aimed to change the Ecuadorian justice system. Which went from being a written process system to being an oral system. Thus, crossing this path, Ecuador, when it constituted itself as a Constitutional State of Rights and Justice, guarantees the rights enshrined in the supreme norm, such as the right to effective judicial protection, the right to defense and equality of conditions before the procedural subjects. As well as compliance with due process, which despite having a norm regarding civil procedures, the need arose to create a new code that could fill the gaps that arose, avoiding contradictions being in harmony with the new Constitution proclaimed in 2008. Therefore, the present work is based on guaranteeing the right to effective judicial protection regarding preliminary exceptions after the repeal of the Code of Civil Procedure and the entry into force of the General Organic Code of Processes. This is because there was a change in the treatment and resolution of preliminary exceptions, focusing on the ordinary procedure, which according to the stipulated in this new code will be resolved in the preliminary hearing. Leaving it to the discretion of the judge how the treatment of the exceptions, means of evidence attached to their foundation and their resolution will be carried out, which when corrected or not admitted, can often leave the defendant defenseless. The study showed that there is really no specific procedure for each of the preliminary exceptions expressed in our legislation. It is up to the discretion of the judge to decide when the allegations of the preliminary exceptions and their development in the preliminary hearing within the ordinary procedures can be exposed, as well as the practice of evidence that supports them. Regarding their inadmissibility, if the judge decides to deny them, being the director of the process and having a legal vacuum as to what is pertinent to develop regarding the preliminary exceptions, it can cause the right to effective judicial protection to be violated. This can also occur when these exceptions are corrected, which in established cases leaves the defendant defenseless.

• Huvudupphovsman: Calva Toledo, Alma Lizbeth (author)
• Materialtyp: bachelorThesis
• Språk: spa
• Publicerad: 2024
• Ämnen: DERECHO; DERECHO PENAL; TUTELA JUDICIAL; DEMANDADO
• Länkar: https://dspace.unl.edu.ec/jspui/handle/123456789/29190