El procedimiento monitorio y su incidencia en el principio de celeridad procesal en el cantón Cuenca en los años 2021-2022.

Abstract

In the present research work, the order for payment procedure and its impact on the principles of efficiency and procedural speed will be analyzed. A legal and doctrinal analysis of said procedure will be carried out; The executive procedure will be differentiated from the order for payment procedure and its impact on the principle of legal certainty, on the principles of speed and procedural efficiency; Finally, the order for payment procedure and its possible violation of the principles of efficiency and procedural speed will be identified. The type of investigation of this research work is qualitative, based on the analysis of judicial processes sued by this procedure. On the other hand, in the 5 judicial processes analyzed between 2021-2022, the defendant was not summoned within the term provided in Resolution 061-2020 of the Plenary of the Council of the Judiciary. This lack of diligence caused all the processes analyzed to have been paralyzed, facts that: constitute a violation of the procedural principles of efficiency and speed and distort the order for payment procedure, which has the primary purpose of providing a prompt and agile response to whoever has been affected by the non-payment of a debt.