Análisis del segundo inciso del Art. 357 del Código Orgánico General de Procesos, en relación con el derecho a la defensa

Abstract

Abstract: The general rules of the summary proceeding provide that when the amount claimed does not exceed three basic unified salaries of the general worker, the representation of an attorney is not required to collect a debt. However, Article 76, paragraph 7, subparagraph (a) of the Constitution of the Republic of Ecuador states that no one may be deprived of the right to defense at any stage or level of the procedure, thus generating a contradiction between the two legal provisions. It is important to keep in mind that the representation of a lawyer in legal proceedings is of fundamental importance because only a legal professional can provide appropriate advice that best serves the interests of their client. Violating this constitutional right would leave either party defenseless and abandoned. The lawyer is the expert in the law and will intervene on their client's behalf, applying oral litigation techniques and, above all, knowing which legal standards must be applied in the specific case to defend their client. The hierarchy of standards must be applied, respecting the constitutional norm and international instruments that stipulate that all ordinary or special proceedings must have the representation of a defense attorney.