Análisis sobre la tutela judicial efectiva y el recurso de doble conforme en el Ecuador Analysis on effective judicial protection and double claim appeal in Ecuador

Abstract

The application of the Special Double Compliance Resource, which is based on what is stated in the International Instruments as well as the Constitution of the Republic of Ecuador, regulated by Resolution 04-2022 in force since April 18, 2022, which was issued by the Court National Court of Justice in Ecuador, is a guarantee that the convicted person has so that his sentence is reviewed by a Superior Court, which defines his state of innocence or guilt for a second time, before this, there is the possible violation of the right of access to justice. The objective of this research was to develop a theoretical analysis of effective judicial protection and the double compliance resource in Ecuador. This study has a methodological construct of qualitative approach under critical documentary analysis. A bibliographic review was carried out of all current regulations that were considered relevant, with the purpose of carrying out a comparison of legality to represent legal security to the institutions. The main results were that the legal part in constitutional matters for effective judicial protection and double compliance appeal has complete elements in the search to guarantee respect for human rights; however, the majority of professionals do not use the appeal for various reasons. This leads us to conclude that the lack of motivation for the applicability of the appeal compromises procedural speed as a form of access to justice, affecting the guarantee of Effective Judicial Protection