Análisis crítico del principio lura Novit Curia en las sentencias de acción de protección en la ciudad de Azogues

Abstract

This research aimed to analyze and study the application of the Iura Novit Curia principle in protective actions in the city of Azogues to determine the relevance and repercussions it has within this jurisdictional guarantee. Its legal nature focuses on safeguarding the application of principles such as effective judicial protection, due process, and legal security, among others, and the protection of constitutional rights according to the application and interpretation of norms and principles. The Iura Novit Curia principle attempts to be an auxiliary for the search for complete justice since it contributes to determining the rights that have been violated and thus guarantees an integral and effective reparation. The judge, as a legal expert, has the duty and moral obligation to seek the full enjoyment and exercise of the constitutional rights of Ecuadorians, being able to apply norms that have been erroneously invoked or not invoked in the initial petition.