El principio de seguridad jurídica afectado por la ausencia de plazos para la ejecución de la sentencia en el COGEP

Abstract

This research analyzes the legal issues arising from the absence of temporal parameters in the enforcement phase of judgments within the Organic General Code of Processes (COGEP, by its Spanish acronym). It is based on the premise that enforcement constitutes an essential stage of judicial proceedings, as it materializes the rights recognized in a jurisdictional decision, thereby guaranteeing effective judicial protection. However, the lack of explicit regulations regarding the time limits creates legal uncertainty, particularly for the debtor, who cannot predict when the creditor will initiate enforcement proceedings. The study shows that this regulatory omission directly affects the principle of legal certainty by preventing legal relationships from developing in accordance with the criteria of predictability and stability. Furthermore, a comparison is drawn with legal mechanisms such as statutes of limitation, which do establish specific time limits, highlighting a lack of consistency within the Ecuadorian legal system. This situation also raises the possibility of discretionary actions, undermining due process and the equality of the parties. In this context, it is concluded that legal reform is necessary to incorporate time limits into the enforcement phase to strengthen the efficiency of the judicial system, ensuring the timely enforcement of judgments, and consolidating a model of justice based on legal certainty and regulatory predictability.