La tutela judicial efectiva dentro de la acción de protección respecto a la reparación integral económica.

Abstract

Background: Within the Ecuadorian legal system, in the constitutional procedural law, called the Organic Law of Jurisdictional Guarantees and Constitutional Control, there is a rule that is contrary to the Supreme Charter. This norm limits fundamental rights of the people, reason why this norm needs to be reformed of urgent way. Objective: To establish the need for an agile procedure to guarantee effective judicial protection within the protection action regarding the integral economic reparation. Methodology: This research has a qualitative approach, with an exploratory, descriptive and explanatory scope. Results: After an integral analysis of the legal problem raised, it can be asserted that, at present, Article 19 of the Organic Law of Jurisdictional Guarantees and Constitutional Control, which determines the procedure to obtain an integral economic reparation, is unconstitutional for violating the right to effective judicial protection, since it establishes a dilatory and inefficient procedure for such reparation. Conclusion: To solve the problem of the present investigation, it is proposed that Art. 19 Organic Law of Jurisdictional Guarantees and Constitutional Control be reformed in such a way that the victims of violation of fundamental rights within protection action and other constitutional processes, obtain an integral economic reparation in an agile and fast way, and thus guarantee the right to effective judicial protection.