Más allá del dolor : la lucha por la reparación económica.

Abstract

This paper addresses the path followed by those fighting to demand payment of financial compensation and the problems individuals face when enforcing a judgment. Mainly during the enforcement stage, legal barriers are identified that prevent the effective enforcement of judgments. One of the legal barriers that prevents the effective enforcement of judgments is the institution prohibiting the seizure of public resources. Regarding this institution, legislation has prohibited the seizure of public resources. This has generated countless problems for both the State and the individuals awaiting enforcement of a judgment. In this sense, this work, beyond addressing the current position of Ecuadorian legislation, as well as the jurisprudential position of the Constitutional Court, seeks to offer compelling reasons so that, through jurisprudential development, the Constitutional Court can begin the path toward a new jurisprudence that offers solid and effective legal institutions to citizens so that, after a declaration of a violation of their rights, these rights can be redressed in a timely manner. Qualitative, type of argument. In this work, a qualitative methodology has been used to establish that institutions of non-seizability of public resources are contrary to the nature of effective judicial protection.