Constitutional significance of the impossibility of appealing sentences in eviction proceedings by conveyancing in Ecuador

Abstract

In Ecuador there is a legal problem that consists in the fact that, in the cases in which Article 48 of the Leases Law (LDI) is applicable, "the resolution issued by the Judge [...] will cause execution", or what is the same, it will be considered firm, without the legal possibility of appealing it vertically. In this paper I will try to demonstrate the unconstitutionality of this precept, contrary to what the Constitutional Court of Ecuador (CCE) has held on this matter. To do this, through various methods of legal research, I will inquire into legal norms, sentences and doctrine; Through the study of a real case that serves as an example to demonstrate that in our legal practice unfair results are produced due to the impossibility of appealing the sentences that resolve evictions due to transfer of ownership. Finally, I came to the fundamental conclusion that, in accordance with the literal nature of the Ecuadorian Constitution, the right to appeal judicial decisions must be guaranteed in any process in which rights are decided and that, contrary to what was sustained by the Court in one of its judgments, the argument focused on speed and effective judicial protection in favor of the plaintiff as the new holder, is not incompatible with the right of appeal; There are other solutions or measures that can perfectly guarantee both issues, without the need to understand them as irreconcilable or contradictory.