Vulneración del derecho a la defensa del denunciado terceras personas dentro del trámite administrativo de invasión, establecido como solicitud administrativa en la Ley Orgánica de Tierras Rurales y Territorios Ancestrales.

Abstract

Peasant struggles for land have existed in Ecuador since ancient times; a situation that has not yet died, many of which led to trials and the organization of popular movements. That is, land law has been a point of controversy within Ecuadorian law, due to the diversity of legal figures that may have been acquired by persons over certain property. For the foregoing, the author proposes the following research that has as general objective to reform article 166 of the Manual of Administrative Procedures on Rural Lands, establishing that a summons procedure is carried out in a legal and due form for the accused and/or third persons who are within the territory of the invasion complaint, in order to guarantee the right to defence. The type of research is of qualitative cohort because it collects and analyzes information that will allow a better understanding of legal regulations,; exploratory, descriptive, analysis-synthesis, and explanatory methods were applied. It has been noted that the invasion procedure does not establish the relevant legal terms and opportunities. In the course of this procedure, the accused or third persons found within the premises are not authorized to defend themselves in accordance with the due process established in the Constitution of the Republic of Ecuador. Consequently, the enforcement of the resolution may lead to the eviction of persons who also have acquired rights to the property in the process.