Comprehensive reparation within the judgments issued in jurisdictional guarantees: Conventional and constitutional parameters

Abstract

Ecuadorian legislation contemplates the effective enjoyment of the same fundamental and constitutional rights that assist all people, however, in the procedural reality it encounters several obstacles when demanding full compliance with these rights, or even more so when these have been been violated. The current situation of comprehensive reparation within jurisdictional guarantee sentences presents serious challenges that require urgent intervention by the State and society. This article studies and explores the implementation of comprehensive reparation in jurisdictional bail sentences in Ecuador, evaluating the regulatory and jurisprudential framework and the challenges for its implementation, taking into consideration the damage and impact caused by the violation of rights. Also, it is essential to strengthen judicial training, ensure adequate resources and improve inter-institutional coordination. This study will demonstrate that these actions can promote more effective protection of human rights and contribute to fairer and more accessible justice. It is necessary to capture the legal requirement and the mechanisms to achieve comprehensive reparation, which will have to adequately assess the damage caused and where it should not limit its powers. Likewise, international standards must be observed, that is, in the present article analyzes comparative legislation. Likewise, Ecuador faces limitations in judicial training, inter-institutional coordination and access to justice; in comparison, other countries have developed more advanced and effective systems. Therefore, the problem to be resolved is the lack of uniformity of criteria in the application of comprehensive reparation, the difficulties in its execution and the absence of a comprehensive approach affect the effective protection of human rights in Ecuador.