Browsing by Author "Puente Culqui, Silvia Cecilia"

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    La declaración del abandono de las causas según el Código Organico general de procesos y el derecho a la tutela judicial efectiva
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-11) Puente Culqui, Silvia Cecilia; Espin, Maria Cristina
    The need for this research lies in the fact that this problem has not yet been studied in depth, that is to say, neither the High Courts and National Courts have not ruled on the scope of the right to effective judicial protection within the Declaration of Abandonment, being this research a contribution and contribution to the generated problem. The abandonment of the proceedings results in the loss of proceedings initiated, since no action was taken in the litigation by any of the parties over a period of time. The abandonment of the instance only causes the loss of the procedure, but does not extinguish the actions and exceptions of the parties, as happens with the withdrawal of the demand. Access to justice or judicial protection according to the Constitutional Court of Ecuador is a duty of the State and specifically falls on the judges to guarantee access to justice, due process and compliance with the decisions that put an end to the proceedings, therefore ensures impartiality in the resolution of the claims of the parties, that the processes are substantiated in a constitutional way in accordance with the principles of immediacy and celerity, guaranteed in the Constitutional State of Rights and Justicial. The Canton Píllaro, municipality of the province of Tungurahua, whose cantonal head is the city of Santiago de Píllaro, counts on a population is of 38.357 inhabitants, in a surface of 443km ²; has two urban parishes: Ciudad Nueva and Píllaro; as well as seven rural parishes: Baquerizo Moreno, Emilio María Terán (Rumipamba), Marcos Espinel (Chacata), President Urbina (Chagrapamba-Patzucul). San Andrés, San José de Poaló and San Miguelito. In the Civil Judicial Unit, similar situation that is present in the whole country, there are causes that have been declared in abandonment with the current Code of Civil Procedure and logically with the General Organic Code of Processes.