Reforma al artículo 156 del cogep a fin de ejercer en debida forma el derecho de contradicción

Abstract

Abstract: The Constitution of the Republic of Ecuador determines the right to Due Process, which entails the defense of constitutional principles, which guarantee the actions of justice, its effectiveness and the exercise of the rights of the procedural subjects; and, highlights the guarantee to answer and counterclaim a claim, which must be qualified by the Judge, examining whether it meets the necessary requirements; If you consider that have complied with the procedural requirements, will inform the subjects procedural; Otherwise, he will order that it be clarified or completed, with the warning of have them as not presented; which limits access to justice and the exercise of defense, distorting fundamental principles, as a contradiction to jurisprudence of the highest body of justice, the Constitutional Court. The guarantee of due process is the actions of justice operators, who must comply with guaranteeing rights constitutional rights of natural and legal persons, making it clear what essential aspect of contradiction when answering and counterclaiming in a legal claim, as a primary duty to the procedural subjects.