CITATION PROCEDURE FOR DEFENDANTS WHOSE ADDRESS HAS NOT BEEN INDIVIDUALIZED

Abstract

The purpose of the investigative work was to analyze the theoretical and legal foundations to comply with the constitutional guarantees in relation to the summons procedure for defendants whose address has not been individualized, for which the precepts of laws and regulations in force in the country were considered. , considering that the lack of summons with the demand,  is causal for the nullity of the process, and is of transcendental importance in the processes in which protection actions are requested. The main bodies analyzed were the Constitution of the Republic of Ecuador, the Law of Jurisdictional Guarantees and Constitutional Control LGJCC and as a supplementary norm the General Organic Code of Processes COGEP, in addition to some sentences of the Constitutional Court that by jurisprudence become sources of Law. As part of the results, a proposal was made for the correct application of the principle of speed when managing the summons when the address of the defendant is unknown. It is concluded that it is necessary to act in accordance with the principles of speed and legal certainty when summoning the defendant to guarantee compliance with constitutional norms.