Sede Azogues - Derecho

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Análisis descriptivo del derecho a la defensa en igualdad de condiciones en acciones de protección
(Universidad Católica de Cuenca., 2023) Lopez Garate, Mateo Sebastian; Calle Gavilanes, Freddy Andres; Pinos Jaén, Camilo Emanuel; 0302887179; 0105782700; ., .
This paper analyzes the violation of the right to defense under equal conditions, given the existence of several defendants in a constitutional process of protection action. For this purpose, based on a qualitative approach and the observation technique, using a validated form, data were obtained in different hearings of protection actions, selected from the application of non-probabilistic sampling by convenience; likewise, and in parallel, the time study technique was used by means of a stopwatch, to answer the research question and meet the proposed objective. Finally, it is evident that there is a violation of the right to defense under equal conditions in protection actions, due to the disadvantage in time of the plaintiff compared to the time granted to the defendants, which, due to their number, triples the time granted to the one claiming the reparation of rights.