La rendición de garantías en el procedimiento de ejecución coactiva y la vulneración del derecho al acceso gratuito a la justicia.

Abstract

Coercive enforcement is the prerogative of the State to collect claims on its behalf through constraints. In this type of administrative proceedings, where the name of "coercive judge" has been erroneously given to the executing official. The administration acts as judge and party, imposing at its discretion the precautionary measures to carry out the collection of the credit, limiting the debtor to pay or deduct exceptions to the entity responsible for the coercive process which, initially, begins with observations on the amount receivable at the stage of the payment request and, subsequently, on the order for payment itself, with some severe limitations. Such as the provision of a surety in order to bring the matter before the courts, even if the issue that is being challenged is the existence of the obligation or the invalidity of the title and the procedure. With this investigative work, the aim is to analyze the obligation of providing guarantees in the coercive procedure. Similarly, to demonstrate through qualitative analysis, data collection, and their analysis, that the right-guarantee to effective judicial protection and access to justice is compromised and limited, as well as the right to defense in the process, epitome of the prevailing constitutional model of rights and justice in Ecuador.