Equality and economic reparation of natural persons in protection action in Ecuador.

Abstract

The investigation studied regularities typical of the protection action, contrasting the legal regulation contained in the Organic Law of Jurisdictional Guarantees and Constitutional Control of Ecuador, with its practical application, particularly, in the economic reparation of natural persons and their procedural tract that passes through. a path different from that established to compensate natural persons, when the defendant is the Ecuadorian State. In that sense, it has been critically compared how the mandatory requirement recognized in article 19, of the normative body in question, manifests unequal treatment in the face of similar factual and legal situations, which unnecessarily destroy the principle of equality of legal subjects before the same. Law, and reinforce the mandatory questioning of lege data and lege ferenda. Therefore, this legal questioning has been supported by a profuse jurisprudence, where there are different criteria regarding the subject, which oscillate between positions that make a broad interpretation and other reductionist ones that, inevitably, have a negative impact on the full enjoyment of the fundamental rights, due process and effective protection of the actors in this type of antagonism. Motivating the aforementioned background, a possible proposal for reform of the norm in conflict was directed, with a solution consistent with the principles and guarantees established in the Constitution; contributing to the maintenance of the harmony that must prevail in the legal system. In such a way that the procedural treatment must follow a similar iter to maintain the principle of equality intact in this peculiar legal relationship.