El rol de los jueces dentro de la resolución de las causas y aplicacion de la tutela judicial efectiva

Abstract

The present work has as object of study the analysis to the effective judicial tutelage, like a fundamental constitutional right of the citizens within a state, analyzing the roll that the judges fulfill at the moment of solving the causes. Considering that the Ecuadorian constitution has been in force for more than 10 years, and constitutional rights are universal, each right and constitutional guarantee is analyzed, where citizens can be understood, we have access to jurisdictional bodies, in order to have justice, and that our rights are not violated, and if they are violated without legal basis to present a constitutional guarantee. The right to effective judicial protection is not legally found in the positive National law, but in this present case study, it will be demonstrated that effective judicial protection as a constitutional principle, has a constitutional rank through the different procedural norms, already established in the constitution and in international treaties. For effective judicial protection, to be applied in our legislation, it is necessary that the judges or high authorities involved in each process be impartial, always having the purpose of applying the law in the way that is established, by being, the object of This work is directed to the role of judges when giving a sentence. Effective judicial protection has a very close relationship with due process, therefore it is important to mention the constitutional guarantees provided by our constitution, such as, habeas corpus, habeas data, protection action, access action to information, extraordinary protection action and action for non-compliance, although they are applied in different ways in different processes, are fundamental rights of citizens that allows us to raise a claim when the rights are violated, by the state or judges, that is the center where we will focus effective judicial protection. The right to maintenance of minors and disabled people are supported by any constitution at international level, in international treaties and agreements, always being the priority in each state, so the role of judges will be analyzed in this work, in the causes of alimony, due to the fact that in the process 07953-2012-0156, a food pension of a person with a disability exceeding 50 percent intellectual is extinguished, having already a bad practice, and violation of right, by allowing to process said extinction of alimony, not receiving alimony, which by law is granted to a person who can not stand on its own. It will be investigated how the judges take this type of resolutions, when there is documentation and laws, that make these priority attention people remain in defenselessness, analyzing the process where the present work is based, the right to effective judicial protection will be applied, accessing to jurisdictional bodies, which should apply the constitutional rights, for the revocation of said poorly stipulated sentence. The effective judicial protection in our system of legislation is very applied because of this the present study is important.