ANALYSIS OF THE EXECUTION OF PROTECTIVE ACTION SENTENCES AND THE COERCIVE POWERS OF JUDGES

Abstract

DOI: https://doi.org/10.46296/yc.v9i16.0673

The main objective of this article is to analyze the enforcement of judgments issued in protection actions in Ecuador, as well as the coercive powers that constitutional judges have to ensure effective compliance with these resolutions. This article focuses on the qualitative approach, which opens the door to an in-depth exploration and understanding of the legal phenomenon from both an interpretive and contextual perspective. Thus, the methodology used is qualitative and theoretical-descriptive, with a design focused on both normative analysis and relevant jurisprudential criteria. Its nature is categorized within both a dogmatic and social-legal approach, integrating normative analysis with reflection on the social and judicial impact of the enforcement of constitutional judgments. The sample used is non-probabilistic and purposive, composed of legal documents and rulings issued by the Constitutional Court of Ecuador. This documentary and jurisprudential selection is not based on statistical criteria, but rather on its doctrinal relevance and how it can enrich the analysis of the object of study from a structured, systematic, and contextual perspective of law. Thus, the use of the dogmatic and sociolegal method is optimal as a qualitative tool, as it values interpretative depth and normative content over the total number of cases examined. This methodology allows for examining the tensions between constitutional theory and judicial practice, identifying structural obstacles, and proposing recommendations to strengthen the effective protection of rights.

Keywords: Enforcement of judgments, protective action, coercive powers, Constitutional Court, constitutional justice, fundamental rights.