Análisis de la factibilidad del reconocimiento de la familia multiespecie en el ordenamiento jurídico Ecuatoriano.

Abstract

Since the 2008 Constitution, a constitutional model was established in Ecuador to protect the effective fulfillment and exercise of all constitutional rights. The legal figure of Integral Reparation is created, which assumes an essential role. Therefore, it is configured as a human right, and the State must ensure that this is accomplished in all its phases and procedures to compensate for violated rights. Nevertheless, in the follow-up phase of constitutional rulings and sentences responds to the subsidiary procedure around the decisions issued by the Constitutional Court; due to the procedural burden, not all of the decisions are followed up since the interested parties must request that they be followed up or, in turn, they must be media cases, which violates a constitutional precept that every sentence ends with its execution. This situation has generated interest in the Ecuadorian legal community. Therefore, integral reparation was framed from a historical, evolutionary, and doctrinal point of view, and a comparison with Colombian legislation was made. This work has a systematic orientation due to the nature of this research. The results establish the deficiencies of the follow-up phase of sentences to repair the violations committed. Therefore, it can be determined that the State, responsible for protecting people’s rights, must create suitable mechanisms to comply with all phases fully.