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The 2008 Constitution of Ecuador, which includes fundamental changes in the recognition of rights and their protection system, grants power to the Constitutional Court to organize the strengthening of constitutional justice and the process of constitutionalization of the legal, political and social system of the country, deducing that constitutional justice is an effective and suitable tool to realize the requirements of the constitutional text. In this sense, the non-compliance action, considered a jurisdictional guarantee, is filed before the Constitutional Court, when a sentence in constitutional matters has not been executed or has a defective execution, that is to say, the constitutional rights in addition to being carried out, by the other jurisdictional guarantees, there is the guarantee of non-compliance action, which is capable of achieving the execution of the unfulfilled sentences in the rest of jurisdictional guarantees, using it as a final tool, to avoid outrages and favor the victims with the principle of integral reparation, which diminishes the damage caused.
About the author
Marielis Silvana Socasi López. Graduate of the Central University of Ecuador. Faculty of Jurisprudence, Political and Social Sciences. Lawyer of the Courts and Tribunals of the Republic.
