Análisis de la eficacia de la reparación integral en las acciones de protección, Azogues 2024

Abstract

This article analyzed the effectiveness of the principle of full reparation in constitutional protection actions filed against administrative acts in Azogues during 2024. Through a qualitative and descriptive case study, judicial case files were examined to contrast the implementation of reparations with their effective fulfillment. The findings reveal a paradox: although judges correctly apply the principle and order reparatory measures, such as reinstatement, payment of salaries, and guarantees of non-repetition, the system exhibits a structural failure regarding the principle of immediate enforcement of judgments, as well as the organizational structure of the State, including its budgetary rigidity. It is concluded that the Organic Law on Jurisdictional Guarantees and Constitutional Control lacks ex officio monitoring mechanisms, which prevents verification of compliance with judicial decisions. This systemic deficiency weakens effective judicial protection, turning the promise of full reparation into a guarantee that, in practice, is not fully safeguarded by the State. Keywords: constitutional protection action, full reparation, effective judicial protection, enforcement of judgments, ineffectiveness.