La violación a la tutela judicial efectiva producto del desbalance que existe entre el titular del derecho, el juzgador y el estado.

Abstract

Effective judicial protection is present at all stages of the judicial process, mainly when the individual activates the court by filing a claim. Also, it is present during the development of the process and finally, at the time of the execution of the resolution issued by the judges, it must be motivated and be perfectly executable, otherwise it would cease to be effective. However, there are situations that cause constant violations of effective judicial protection, and as a consequence of it, the fundamental rights of individuals are sacrificed. On this occasion, we will analyze the violation of effective judicial protection during the administrative contentious process and we will investigate the effects caused by the imbalance that exists between the judge, the right holder and the State, for which we will use an empirical method based on surveys carried out.to professionals of the law within the field of study, having as a result that the violation of effective judicial protection exists and that the judges that make up the Administrative Litigation Tribunal of Guayas, for the causes that will be exposed throughout this project, maintain a more favorable position for the entity that is litigating, affecting the rights of the individual, who does not litigate on equal terms. As a solution to the problem, proposals will be made to promote and strengthen the principle of judicial independence.