La Inembargabilidad de los Bienes Fiscales o Patrimoniales violenta la Tutela Judicial Efectiva y la Seguridad Jurídica

The author of this project called "La Inembargabilidad de los Bienes Fiscales o Patrimoniales violenta la Tutela Judicial Efectiva y la Seguridad Jurídica" identifies the necessity to carry out a legal and doctrinal investigation that approaches several legal instances where the Ecuadorian state is involved as a lawsuit or defendant part for meaningful debts to natural or legal people, these debts can come from indemnification or public contracts which leading a violation of the effective judicial protection. Additionally, it generates a normative collision in the pertinent legislation by not being able to execute this type of judgment. One of the most common scenarios that promote this problem happens when the state hires private companies to carry out public jobs, even though it agreed a payment method, the state does not comply with the agreement, and even after the work is finished, it leads to affect to the representative of the hired companies who present legal actions to claim the pending payment. Even though it issues a court order for the state to pay, it does not comply with the judgment arguing for a lack of resources. In this situation, the judges can start a process of forced execution of the judgment, imposing compulsory and progressive fines daily. If it does not work, the proceeding is sent to the attorney general for an investigation for the non-compliance of the court order. Currently, these actions do not work, however, there was a figure that could be able to execute that judgment and it was seized but due to the implementation of provisions in two normative like in article 46 from “Código Orgánico Monetario y Financiero” and in article 170 from “Código Orgánico de Planificación y Finanzas Públicas”, it is not possible seize property neither state accounts to execute legal judgments to cover these amounts owed. This lack of execution of the judgments demonstrates a clear violation of constitutional rights and it hinders the effectiveness of the judicial system. The inability to execute judicial judgments issued and substantiated undermines confidence in the legal system and generates legal uncertainty. Therefore, it becomes clear the necessity to check this normative to guarantee the validity of effective judicial protection and judicial security in the country.

• מחבר ראשי: Luzón Guamán, Raúl Fernando (author)
• פורמט: bachelorThesis
• שפה: spa
• יצא לאור: 2024
• נושאים: DERECHO; BIENES FISCALES; BINES PATRIMONIALES; SEGURIDAD JURIDICA
• גישה מקוונת: https://dspace.unl.edu.ec/jspui/handle/123456789/30240