Límites del recurso de apelación de autos interlocutorios en materia no penal.

Abstract

The Appeal of interlocutory orders, in accordance with the provisions of the General Organic Code of Processes, constitutes a means of challenging judicial decisions issued within processes in non-criminal matters, being essential to determine which judicial actions may be susceptible to challenge through this means, more than all taking into consideration that the right to appeal is limited to what the law establishes as appealable, which is an inverted formula to what was determined in article 321 of the repealed Code of Civil Procedure, since that to grant the appeal was based on the principle “as long as the law does not expressly deny an appeal, it will be understood to grant it” (Civil Procedure Code, 2005). Currently, it is provided that only what the law determines as appealable can be subject to challenge, which limits the constitutional right to “appeal the ruling or resolution in all procedures in which your rights are decided” (Constitution of Ecuador, 2008). Due to these considerations, it is imperative to review the legal provisions related to interlocutory orders and their origin in relation to the appeal, in order to provide a possible solution to this problem that exists within the processing of judicial processes in non-legal matters. penal. The present research has a qualitative nature, using both empirical and theoretical methods and instruments, with the purpose of fulfilling all the objectives set within this work.