La reparación económica en la justicia constitucional y su vulneración al acceso a la justicia y tutela judicial efectiva

Abstract

Economic reparation as part of the integral reparation of rights must observe in its execution the same principles of constitutional justice in the application of jurisdictional guarantees, that is, efficiency and immediacy, for which reason the IDS Court and the Constitutional Court in its jurisprudential referents have established mechanisms that guarantee agile execution processes for the immediate redress of the violated rights. The regulations that regulate the execution of economic reparation measures comprise an agile process but entrusted to a saturated administration of justice, with accumulation of causes that impede agility in the execution of sentences, as well as the difficulties of the execution of these due to the ambiguity of its content that prevent the compressibility of what is ordered. The study includes the normative analysis of the constitutional and adjective constitutional regulation, the jurisprudential references of the Constitutional Court and the Inter-American Court, and other constitutional judgments that show the current state of affairs and the effects of the application of the regulation normative.