El derecho a la defensa en el procedimiento de ejecución coactiva: un análisis crítico del juicio de excepciones a la coactiva

Abstract

The Trial of Exceptions to the Coercive Procedure is a procedural tool of opposition provided by law so that the administered can challenge coercive actions of the state such as the coercive execution of the administration and its regulation is provided for in the Organic Administrative Code of Ecuador. Despite the approach that the Ecuadorian legal system has given to it, within the new public administration it faces challenges that call into question the effectiveness of the challenge mechanism and the capacity of the justice system to resolve these problems in an agile and fair manner. The research retrospectively addresses the issue of coercive enforcement when it is challenged before the Administrative Court in direct relation to the principle of Effective Judicial Protection and the fundamental rights of the administrated, taking into consideration the Trial of exceptions as a mechanism provided that strengthens the exercise of the right to defense of the coactivated debtors.