La inadmisión del recurso de casación como vulneración del derecho a la tutela judicial efectiva.

Abstract

This paper shows us how the Cassation allows to appeal against the breaking of the Law produced by a judicial decision. Whereas the existence of infringement of essential procedural requirements. In this case, an appeal is sought with the claim of dismissing the case, this is based on the arguments made before the judge. However, it is important to mention that sometimes, in the procedure of its admissibility, the Judge of the National Court of Justice, under the bases of certain formalities, conditions, even for lack of regulatory coverage that cause the risk of incurring discretionary resolutions that deny access to cassation, for which the judicial guarantee and the constitutional right to effective judicial protection are violated. For that reason, this paper wants to design a proposal that establishes defense mechanisms that allow constitutional rights and to clean up the questioned procedures. This investigation was carried out as a non-experimental and crosssectional. For its implementation the action research methodology was based on the doctrinal legal methods, comparative law, observation of sentences of the Constitutional Court of Ecuador and analysis of interviews. This investigation aims to establish under what effects and / or conditions the inadmissibility of the appeal of Cassation occurs, to demonstrate the violation of rights, and that the justice system incorporates clear legal parameters in the admissibility procedure.