Vulneración de derechos por cobro de coactiva a personas en situación de vulnerabilidad.

Abstract

This paper aims to understand the conflict of rights and norms that exists between the State and vulnerable groups in the case of debt collection under coercive lawsuits. Such debt collection can be done without the need for judicial assistance and is the responsibility of the public administration as public law societies that allow them to exercise the collection of securities due by the use of services and each institution can regulate their own procedures. However, a problem is established of an elderly woman in conditions of disability and poverty where the only income she has is a montepío pension and she had to seek justice since the National Telecommunications Corporation (CNT) began a coercive lawsuit for collection of a debt by telephone service and when seizing that only income left her in serious economic situation. What will be shown in this case is what type of legal system was addressed and what impact was had in terms of reparation measures after seeking judicial assistance that allowed him to obtain a defense of his violated rights the same as the Constitution of the Republic of Ecuador (CRE) protects not only the enjoyment of such services but also those that can survive in a dignified, equal and non-discriminatory manner. It is the responsibility of the State to seek programs and public policies that can be adopted as measures of protection, due process, comprehensive reparation and that their situation be recognized.