El derecho a recurrir como derecho no absoluto : un repaso desde el contexto jurídico ecuatoriano.

Abstract

The purpose of this investigation is to recognize how the right to appeal is guaranteed within the Ecuadorian legal system and how it is linked to due process. The fact of recognizing that the right to appeal would require more discussion, both legal and academic, is posed as a problem to understand how it is constituted and what its dimensions, scope and limitations are. For this reason, the objective of this study is to carry out a diverse review of doctrinal, regulatory, jurisprudential aspects and practical case studies within the Ecuadorian reality to understand how the right to appeal represents one of the fundamental pillars of due process. but nevertheless this right is not absolute. Regarding the applied methodology, a qualitative and descriptive investigation has been developed, as well as transversal temporality and microsocial scale, which is justified because the foundations of doctrine, legal norms and the review of sentences have allowed the analysis of a topic of Current affairs that concern the critical study of the actors that make up the justice system where it has been possible to find the support that establishes the limits to the right to appeal. In terms of results, this investigation concludes that the right to appeal is not absolute, since there are legal parameters that, depending on the matter of the cause of controversy, limits are established to avoid abuse of rights, which is provided within the law itself. Ecuadorian Constitution and other procedural rules.