La tutela judicial efectiva y su impacto en la congruencia

Abstract

This work analyzes the right to effective judicial protection and its relationship with the principle of congruence in the Ecuadorian procedural system. Through a doctrinal, normative, and jurisprudential study, it is shown that, despite its constitutional and international recognition, effective judicial protection lacks precise normative delimitation, which has generated tensions with the requirement of congruence in judicial decisions. The analysis of emblematic cases demonstrates how the absence of clear provisions produces scenarios of legal uncertainty, whether due to judges’ ex officio actions, excessive formalism that restricts access to justice, or arbitrary variations in the legal qualification of the accused facts. These problems highlight the need for legislative reforms and uniform jurisprudential guidelines that harmonize both principles, preventing inconsistent decisions and ensuring a balance between formal legality and material justice.