Planteamiento de un Proceso Colectivo Aplicable en Materias no Penales en el Ecuador

Abstract

Ecuador is going through a historic moment of change in the administration of justice, which has involved constitutional reforms and regulations; some of which the new Constitution of the Republic, dating since 2008 and the latest in non-criminal matters is the General Procedure Code 2015. The Constitution of the Republic within its articulation protects the recognition of approximately 21 collective rights for individuals, municipalities, communities, towns and, for the first time in Ecuador recognizes nature as a subject of rights. In addition, we found that the new General Procedure Code, will be responsible for regulating all non-criminal proceedings in Ecuador, these are civil, commercial, labor, family, women, childhood and adolescence, administrative litigation and tax litigation. The collective rights are those common to a group of society, due to its structure, history, culture or even within the environment in which they have operated in the last years of its life; for this reason it becomes necessary to establish a specific process to make these rights more effective.