Falta de contestación del demandado en procesos ejecutivos, impacto en defensa y tutela judicial.

Abstract

This research analyzes the lack of response by the defendant in executive proceedings within the Ecuadorian legal system and its impact on the right to defense and effective judicial protection. The study is based on the analysis of the provisions established in the Código Orgánico General de Procesos, as well as doctrinal and jurisprudential criteria related to procedural default and constitutional guarantees of due process. It examines how the procedural inactivity of the defendant may generate significant legal consequences, especially in proceedings characterized by speed and procedural efficiency. Likewise, the study addresses the balance that must exist between the principle of procedural economy and the protection of the fundamental rights of the parties involved. The research adopts a qualitative, documentary, and legal-doctrinal approach through normative, jurisprudential, and bibliographic analysis, with the purpose of determining whether the consequences derived from the lack of response may affect the full exercise of the right to defense in executive proceedings. Finally, reflections are proposed to strengthen procedural guarantees and the proper application of effective judicial protection within the Ecuadorian judicial system.