La acción de nulidad de sentencia ejecutoriada.

Abstract

The action of annulment of an enforced sentence enters into Ecuadorian regulations with the purpose of returning the judicial process to its initial phase, at the moment in which the act is declared null; Its purpose is to ensure compliance with the substantial formalities of the process. The filing of the claim for annulment of the enforceable sentence, means taking advantage of the grounds provided in the law, such as: Lack of jurisdiction, competence, jurisdiction, citation, legitimacy of legal status, and notifications of hearing and sentence. The presentation of said action does not suspend the effects of the sentence and this implies a regulatory vacuum and an incomprehensible and inadmissible legal absurdity. Therefore, it is of the utmost importance for our regulations to implement a solution to this legal problem, which can be solved by implementing alternatives such as guarantees and achieving the suspension of execution of the sentence.