El daño al proyecto de vida derivado de la dilación judicial injustificada en la jurisprudencia de la Corte Constitucional del Ecuador (2021 2024)

Abstract

Abstract: This research stems from the need to determine whether, based on the criteria developed by the Constitutional Court of Ecuador, it is possible to attribute "harm to one's life project" to instances where a person suffers an unjustified judicial delay. The study proceeds from the premise that the Court has established a line of rulings regarding unjustified judicial delays and another regarding harm to one's life project, without having formulated a rule linking the two. To address this issue, a qualitative approach was adopted, employing legal-dogmatic, analytical-synthetic, and jurisprudential systematization methods, while drawing upon specialized legal doctrine as well as national and Inter-American case law. The research revealed that, although no specific precedent explicitly recognizes this form of attribution, constitutional principles such as effective judicial protection, human dignity, and comprehensive reparation provide a sufficient basis to support it. This applies provided that, in the specific case at hand, a serious impairment of the individual's life project resulting from an unjustified judicial delay is demonstrated.