Vulneración de derechos y garantías fundamentales en las acciones de garantías jurisdiccionales Violation of fundamental rights and guarantees in judicial protection actions

Abstract

This article analyzes the constitutional and evidentiary principles in contrast to the Organic Law of Jurisdictional Guarantees and Constitutional Control (LOGJCC), with the objective of identifying violations of the right to defense and due process in actions of jurisdictional guarantees. A reform to the LOGJCC is proposed to regulate the appropriate procedural moment for the announcement and presentation of evidence, ensuring respect for these principles. The research uses a qualitative approach and inductive-deductive and analytical-synthetic methods, based on a bibliographic review of academic sources such as Google Scholar, Scielo and Redalyc. Through the analysis of current regulations, rulings of the Constitutional Court of Ecuador and doctrinal studies, it is concluded that the lack of clear regulation on the procedural moment for the presentation of evidence in actions of guarantees violates fundamental rights such as due process and the right to defense. A normative text is proposed to reform the LOGJCC and remedy this deficiency