Effective judicial protection: ¿waived by the legal conception of procedural abandonment according to COGEP? (Review)

Abstract

Abandonment denotes disinterest and indifference in the procedural level, therefore, when one of the procedural parties ceases to act within a legal process, prior compliance with the requirements established by law, it is logical that effects such as the extinction of the process are derived. However, according to the way it is legally conceived in articles 245 to 249 of the General Organic Code of Proceedings in Ecuador, and despite recent legislative amendments, it still drags a number of violations of constitutional rank. The objective of this article is to critically review how the legal conception of procedural abandonment provided for in Article 245 of the General Organic Code of Proceedings in force in Ecuador cannot justify the lack of effective judicial protection in favor of the procedural parties, in the case judicially declared abandoned. For this purpose, a qualitative methodological approach and scientific methods such as analytical-synthetic, bibliographical review, exegetical and inductive were applied, all of which led to the conclusion that the modifications implemented are not sufficient. And the way in which this institution is still legally conceived in the General Organic Code of Proceedings, continues to violate the guarantee of effective judicial protection.