Análisis de la acción de protección contra el auto de pago como acto administrativo que pone inicio al procedimiento coactivo en el Ecuador.

Abstract

The purpose of this academic article is to make clear the true nature of coercive enforcement procedures in Ecuador, taking into account the doctrine's criterion regarding the subject, as well as the response of jurisprudence on the true quality of the so-called coactive collecting agent, this in relation to the constitutional principles that must govern the judicial action and, also, one of the administrative officials. On the other hand, it is intended to analyze the possibility of exercising the action of protection of rights directly against the payment order issued within the coercive proceeding, from the point of view that considers to regard it as the ruling that initiates this type of proceedings, without leave aside the study and reflection on the judicial resolutions that intend to deny its exercise despite the criterion that, clearly, the Constitutional Court has issued in this regard. With what it is necessary to shred and analyze each of the elements that make it admissible, as well as, deny, the possibility to start the protection action that is filed against the payment order that starts the coercive proceeding.