La limitación del derecho constitucional de apelación según el Código Orgánico General de Procesos.

Abstract

The present work is based on the study of the right to appeal established in the Constitution of the Republic of Ecuador, in article 76 numeral 7 literal m, and its conflict that is established in the General Organic Code of Processes, in which it is established that certain proceedings cannot be appealed, which is why it contravenes the constitutional norm of higher than legal hierarchy. Also proceed to analyze the legal institution of the appeal from the time it originated to the present. In addition, we will see how the principle of double agreement is treated first only in aspects of constitutional matter and procedural matters, in which its difference and similarity with the legal institution of the appeal will be studied. Finally, there will be an extensive interpretation of the Consultation to the Constitutional Court regarding those judicial decisions that cannot be appealed according to the Code of Civil Procedure and its adaptation to the General Organic Code of Processes in congruence with the fundamental norm.