“Análisis jurídico del proceso de excepciones a la coactiva y su incidencia con los derechos de tutela judicial efectiva y seguridad jurídica”

With the issuance of the COGEP, a new legal procedural framework is generated in all matters, except constitutional, criminal and electoral, which have their own regulations, in compliance with the principles of legality, immediacy, specialty and device. Within this context, the new regulations in compliance with the scope of procedural action of the control of legality exercised with exclusive jurisdiction by the judges of the administrative litigation courts, on the basis of Art. 173 of the Constitution, must be aware of the actions provided for in Art. 306 of the COGEP that determines the types of actions that are ventilated in administrative litigation matters and the temporality for their exercise, without including in said catalog the process of exceptions to the coercive process, which constitutes a regulatory gap with respect to this subject. On the other hand, the procedural regulations establish a dilemma, since on the one hand it determines the causes for the activation of the process of Exceptions to Coercion in the COGEP and on the other in the COA, for which purpose we raise the question of how do the normative inconsistencies affect the process of exceptions to coercion and the rights of effective judicial protection and legal security of the administered? The basic answer would be that the first ones govern the procedural sphere in the judicial headquarters; and the second ones the functioning of the public administration and the procedures in the administrative headquarters, but generating serious doubts as to the supplementary or complementary nature of their application, which could make the normative treatment irreconcilable with respect to some of its institutions as is the case of the exceptions to coercion, subject of this research work.

• 1. autor: Jaramillo Villamagua, Jorge Mauricio (author)
• Format: masterThesis
• Język: spa
• Wydane: 2024
• Hasła przedmiotowe: DERECHO; DERECHO PROCESAL; COACTIVA; SEGURIDAD JURIDICA
• Dostęp online: https://dspace.unl.edu.ec/jspui/handle/123456789/31516