Principio de doble conforme y el derecho a recurrir.

Abstract

In the present work, the author wanted to address the issue of the principle of double compliance and the right to appeal from the point of view of its violation by the Ecuadorian legal system. In order to accomplish this task, the author has analyzed the principle of double compliance from its historical perspective, addressing the issue from its origins to the present; in international mechanisms, as well as in comparative legislation. Since 2008, Ecuador has had a constitution that guarantees rights, however, in several matters -including administrative and tax litigation, as well as the trial of professional fees-, the guarantees of due process are scourged. Among the conclusions reached by the author, the fact that the litigants are prevented from exercising their right to appeal -or recourse to appeal- stands out, which becomes a clear violation of due process, which is enshrined both in the Constitution and in international instruments. The author of this paper considers it imperative to create mechanisms that guarantee the effective enjoyment of the rights and guarantees set forth in the Constitution and international treaties, as well as access to the appropriate remedies that already exist in the legal systems, which have been limited by the legislator.