Infringement of the right to self-defense on the application of the execution order article 372 of COGEP.

  • Silvia Marisol Gavilánez Villamarín
  • Wilson René Paredes Navarrete
  • Lourdes del Rocío Sánchez Pérez
  • Cristoval Fernando Rey Suquilanda.
Keywords: execution phase, self-defense, infringement, Constitutional law, defenselessness

Abstract

The research was based on a comparative study of the executive terms that have been supported by the new procedure of the Organic Code of Processes, which violates the right to the legitimate defence in the implementation phase, laid down in sentencing specifically to Article 372 of the abovementioned rule, on the liquidation carried out by the expert, where the report is not brought to the attention of the parties, leaving one of the parties concerned indefensive, expressly contradicting what article 76 numeral 7 literal "A" of the Ecuadorian Constitution.

Published
2019-12-01