Estudio jurídico del procedimiento monitorio ante la vulneración del derecho a la defensa y la tutela judicial efectiva del accionado

Abstract

Abstract: The present investigation is the Legal study of the monitor procedure before the violation of the right to defense and the effective judicial protection of the actioned , it is a subject with a totally new and innovative character within the Ecuadorian legislature, with the entry into force of the Organic Code General of Processes, it is necessary to analyze how through the Payment Procedure it is intended to collect a debt that does not constitute an executive title, and that through a substantiation order issued by the judge in the qualification of the demand, the order of payment of the debt is ordered. , without first having summoned the debtor in legal and due form, and when it is still not possible to know if he is a debtor or not, violating the constitutional principles of equality and contradiction. The main objective of this investigative work is to legally analyze that this act is an attempt against the right to effective judicial protection and due process, in its aspect of the right to defense, and must provide the defendant with the right to be heard at the right time. and on equal terms.