Análisis de la sentencia No. 446-17-EP22

Abstract

Abstract: The Constitutional Court of Ecuador rejects an extraordinary protection action due to lack of exhaustion of ordinary and extraordinary resources. The plaintiff alleged lack of summons, but did not appeal the sentence in an ordinary trial or file an action for annulment provided in the COPG. The ruling highlights the importance of exhausting resources to access to constitutional justice. However, it does not analyze the plaintiff's allegations regarding the lack of summons, which generates uncertainty about access to justice for people of limited resources. The study offers a critical perspective on the sentence, identifying its strengths and weaknesses, and making recommendations to improve access to justice. Emphasis is placed on the need for a balance between resource depletion and the right to access to justice, especially for vulnerable groups. Reflects the challenges for achieve SDG 10, which seeks to reduce inequalities within and between countries. Highlights the impact of legal procedures to perpetuate or mitigate inequalities, particularly when access to justice is not equitable.