La pertinencia de ejecutar sentencias de garantías jurisdiccionales previo al recurso de apelación. Un estudio de casos.

Abstract

Background: In the current Ecuadorian constitutional system of justice, jurisdictional guarantees protect fundamental rights against violations. However, the immediate execution of constitutional judgments before the appeal is r esolved has generated controversy. This is mainly because, although it seeks to ensure the effectiveness of rights, it can also cause irreversible effects when the sentence is revoked in a higher instance . The objective of this essay is to analy ze the relevance of enforcing judgments of jurisdictional guarantees prior to the resolution of the appeal and its implications for legal certainty and double conformance rights. Methodology: A qualitative, descriptive and analytical approach was used for this research, based on doctrinal, normative and jurisprudential examination. Within it, cases of ordinary justice intrinsically related to the objective issue and judgments of the Constitutional Court of Ecuador related to the execution of rulings of juri sdictional guarantees were reviewed. Results: It was possible to show that early execution, although it seeks to guarantee effective constitutional justice, in many cases has generated irreparable damage when the resolutions of the first instance are parti ally or totally modified. Conclusions: In conclusion, it is shown that the immediate execution of judgments of jurisdictional guarantees has compromised security and due process on several occasions. In addition, it is concluded that a specialized examinat ion of when the effects should be immediate or suspensive is necessary for each case, thus recommending strengthening the judicial criteria that guide an adequate application of constitutional justice.