Maestría en Derecho Constitucional

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    Tutela judicial efectiva a la luz de la ejecución de sentencias expedidas por la corte interamericana de derechos humanos contra Ecuador
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-09) Loma Peñafiel, Tatiana Elizabeth; Poaquiza Poaquiza, Angel Patricio
    The Inter-American System of Human Rights is configured as a supplementary mechanism to which recourse is had if the organs, institutions and powers of a State do not fulfil their function of guaranteeing the validity of the human rights recognised in the American Convention on Human Rights (Pact of San José); thus the victims or their relatives can appeal in the first instance to the Inter-American Commission which, if it considers it necessary, will take the case to the Inter-American Court so that it can decide on the appropriate action. This jurisdiction is recognized by Ecuador and therefore these judgments are binding on the Ecuadorian State as provided for in Article 68 of the American Convention. With this background, the present work will analyze the answers to the following questions: How does the lack of execution of sentences affect the right to effective judicial protection? What legal effects does the non-execution of sentences by the sanctioned State bring? What procedural mechanisms can be used to force the State to comply with the sentences issued by the Inter-American Court? The development of the thesis consists first of all of the definition of the right to effective judicial protection as well as its contents, which consist of accessing the organs of justice, obtaining from them a motivated sentence so that the judicial resolutions can be executed, achieving with the latter the materialization of the right to judicial protection and the rights recognized in said sentence; since effective protection is provided for in the Constitution, it is the State itself that must guarantee the effective enjoyment of it. It also explains the type of sentences that the Inter-American Court of Human Rights issues
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    El principio de control de convencionalidad en las sentencias emitidas por la corte Constitucional del Ecuador
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Comunicación, Desarrollo y Cambio Social, 2019-12) Pascumal Luna, Ricardo Fabian; Mayorga Naranjo, Nelson Eduardo
    This article gives an account of the object of the control of conventionality, in reference to the subjects obliged to apply it in the domestic legal system, from the perspective of the Inter-American Human Rights System. However, it was inquired how this principle is applied in the sentences issued. by the Constitutional Court of Ecuador, and its impact on the internal legal order of the State. The importance and interest of this research is focused on the fact that through the methodology of content analysis, 276 sentences of the highest constitutional body in the country were studied, with the purpose of determining the degree of application of conventionality, understood as conventions, judgments, advisory opinions and in itself the control that all administrative, judicial and jurisdictional authority must perform. The results were surprising, 99% of the sentences studied they do not apply the principle of conventionality control. We would explain why Ecuador has been declared internationally responsible before the Inter-American System, in addition to the payment of millions in compensation for reparations to the victims. The conclusion drawn from this investigation is that we have an unconstitutional legislation and jurisdictional system. It is essential to conclude that the Constitution of the Republic of Ecuador and no other norm of the internal legal order does not contemplate how and who should perform the control of conventionality of all acts derived from the jurisdictional organ, existing a normative and dogmatic vacuum in this regard.