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Revista Lasallista de Investigación
Print version ISSN 1794-4449
Abstract
BARRIOS MIRANDA, Angel Silvério; CHINININ MACANCHI, Marco Alexander and GONZALEZ DE VINCES, Petrick Jeanny. Constitutional control in food demands case 012-17-SIN-CC. Rev. Lasallista Investig. [online]. 2018, vol.15, n.2, pp.169-181. ISSN 1794-4449. https://doi.org/10.22507/rli.v15n2a13.
Introduction:
In 2008, the constitution that would open the way to constitutional supremacy and the strictness of the laws was issued, as a superior entity of respect and integrity in judicial actions. Considering thereafter the obligation of judges and other public servants, apply the regulations present in the constitution, which is the highest constitutional control body, as a state agency.
Objective:
The objective of this research study was to characterize the impact of the Constitutional Control that was made effective in Sentence 012-17-SIN-CC of the Constitutional Court of Ecuador regarding procedural elements regarding food in the City of Guayaquil.
Materials and methods:
A descriptive field research was designed, in addition to the inductive-deductive method to use the survey technique through a structured interview with closed questions addressed to those people with constraints who are in the Provisional Detention Center. Guayas in Guayaquil, with nine items that could serve as input to generate a theoretical and empirical analysis of the application of concrete constitutional control in the COGEP and the Childhood Code, in their innumerable corresponding to the personal constraint in the subsidiary and principal obligors, as well as the procedural aspects that had to be modified according to the decision of the highest constitutional entity in the country.
Results:
Through this, it was determined that there are aspects that are not being met, as in the case of the hearing prior to the issuance of the personal constraint, which obliges the judge not to issue unilateral enforcement tickets, violating the due process, the modification of the issuance of personal constraint against subsidariaries, since it is evident that there are cases in which some subsidiary obligors were apprehended using extemporaneous ballots, and other system-specific problems that must be taken into account for the future. Conclusion.
Keywords : Nutritional pensions; constitutional control; sentence; constitutional court.