La ejecución de sentencias de garantías jurisdiccionales dictadas por Juezas y Jueces de primer nivel en el Ecuador, en el periodo 2019-2021.

Abstract

This degree project conducts a comprehensive analysis of the execution of judgments of jurisdictional guarantees issued by judges of first and second instance in Ecuador. The objective is to determine the repercussions that arise in the right to effective judicial protection and legal security due to the lack of execution or delays in the execution of said judgments. The qualitative method, based on inductive and deductive methods, historical-legal analysis, and legal exegesis, was applied for data collection. Furthermore, a documentary examination was necessary for the study of judgments from the Constitutional Court, where actions of non-compliance with judgments and decisions on jurisdictional guarantees were resolved. Through theoretical, normative, and jurisprudential study, it was possible to determine the essential elements of the right to effective judicial protection and its violation when the guarantee judgment is not executed or is executed belatedly, which compels the beneficiary to resort to the Constitutional Court due to the lack of effective mechanisms for the execution of judgments issued by first-instance judges. The case study allowed for delimiting the jurisprudential lines defined in constitutional justice regarding the nature of the action of non-compliance and its importance in guaranteeing the right to effective judicial protection. The conclusions and recommendations derived from the conducted research are presented at the end of the work, and their implementation could enhance the effectiveness of judgments on jurisdictional guarantees.