Resumo

LOPEZ RUIZ, Iliana. Legal Nature of the Action for non-Compliance in Ecuador Against the Execution of International Sentences. Bol. Mex. Der. Comp. [online]. 2023, vol.56, n.166, pp.83-111.  Epub 30-Jul-2024. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2023.166.18907.

The constitutional guarantee of Action for non-compliance is valued, presenting a detailed analysis in the Ecuadorian legal system, likewise, its origin and admissibility requirements are deepened, with emphasis on the proof of the previous claim. Finally, it studies the procedure of this guarantee and the effects of the sentence derived from it. The main objective is to analyze the effectiveness of this jurisdictional action based on the study of its legal nature. The qualitative method of scientific research is used to collect information on aspects related to the normative regulation of this action. Finally, it is possible to conclude that the nature and scope of this guarantee in relation to compliance with international judgments was not adequately delimited in the norm, since this double dimensionality is forcibly given to the guarantee, without considering that demanding compliance with a sentence international law is not the same as demanding compliance with an abstract norm or a report, added to this that the Action for non-compliance is a process of knowledge, which has provenance and ad-missibility requirements, which make it difficult for victims to access, subjecting them to a new process, with the stages and procedural times that this implies. This is precisely the relevance of the investigation because for the aforementioned reasons this jurisdictional guarantee is not being effective in demanding compliance with international resolutions issued by human rights protection organizations.

Palavras-chave : human rights; non-compliance; sentences; guarantee.

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