La necesidad de simplificación de los instrumentos procesales para garantizar la tutela judicial efectiva frente a la administración del estado.

Abstract

The problem lies in the existence of an extensive diversity of procedural tools to achieve the actions against the state, in general in the exercise of the administrative power, not only in actions against it. This diversity may be well accepted in the cases of private right processes, like civil litigation, since it gives whoever begins the action, the possibility to judicially claim what belongs to him. But talking about processes against the state, this effect is differe nt, becoming pernicious to whom initiates the action, since there wouldn’t be a real control over this activity with too much diversity. This creates a direct damage to the effective judicial protection principle, protected by the ecuadorian republic constitution, as well as each of the legal bodies that contain procedural acts.