El debido proceso en la sentencia constitucional No. 234-18-SEP-CC- Acción extraordinaria de protección : caso No. 2315-16-EP.

Abstract

This case study entitled “THE DUE PROCESS IN THE CONSTITUTIONAL JUDGMENT No. 234-18-SEP-CC. EXTRAORDINARY PROTECTION ACTION: CASE No. 2315-16-EP” is a matter of legal relevance because it is directed to the analysis, understanding and scope of the jurisdictional guarantee of the Extraordinary Protection Action in relation to the violation of the right to due process. The objectives are directed to the analysis of the constitutional ruling on the right to due process, to defense and its basic guarantees determined in article 76 of the Constitution of the Republic of Ecuador, to the study of the different theoretical and legal referents, determination of the arguments with which the sentence was motivated, determination of the importance and origin of the decision adopted by the Constitutional Court. The object and field of action are specifically related to the aforementioned constitutional sentence. The methodological design and the procedures followed are made up of the type of descriptive research, the qualitative method, observation techniques and documentary analysis. As a result, it was possible to determine that there is a broad content of the legal figures cited in the sentence, as well as the arguments raised to motivate the decision, which is relevant for the legal community. As a conclusion, it is established that there is a violation of article 76 numeral 7 literal a), h) and l) of the Constitution, therefore, the Constitutional Court contains a high degree of technical knowledge to motivate the sentence according to the premises raised.