El proceso civil en el estado constitucional de derechos y justicia: La constitucionalización del proceso civil en el Ecuador

Abstract

The Constitutional State of rights and justice and the new constitutional paradigms in force as of 2008, while substantially transforming the legal system as a whole, condition a new configuration of the structure, substance and purposes of the civil process. The present work reflects on these new realities, systematizes and characterizes this incidence in the conception and practice of law, contextualizes the Ecuadorian civil process within the framework of the new constitutional paradigms, in subordination to which civil justice must operate and highlights the imperative to institutionalize and give coherence to the values, principles and constitutional rules, in the daily practice of the procedural system, as a means for the realization of justice. It makes a comparative analysis of the Ecuadorian civil process before and after the establishment of the new model of State and Law that enshrines the Fundamental Text of Montecristi; characterizes within the framework of the new legal paradigms, the standards that define the constitutionalized civil process; and, it evaluates results and projections of the constitutionality control of the civil process, in the context of the constitutional justice of Ecuador