¿Cómo ha interpretado la Corte Constitucional del Ecuador el alcance del derecho a la tutela judicial efectiva en casos de inobservancia de formalidades procesales?

Abstract

Abstract: This essay analyzes how the Constitutional Court of Ecuador has interpreted the preponderance of effective judicial protection in the face of the non-observance of procedural formalities, highlighting its evolution from a rigid and formalistic model to a guaranteeing approach oriented to substantial justice, since through the analysis of judgments, constitutional principles and procedural rules in force, it is demonstrated that formal errors should not become unreasonable barriers to access to justice. It also emphasizes that effective judicial protection, consisting of access to justice, due diligence and enforceability of decisions, requires judges to have an anti-formalist interpretation oriented to the merits of the conflict, and in turn provides a critical and updated view on the necessary balance between procedural legality and substantial justice, reaffirming that the Ecuadorian procedural system should be a means to guarantee rights, and not a technical obstacle to their effective exercise.