Considerations on the deposit of owed amounts as a requirement for filing exceptions to coercive measures and the principle of free access to justice

Abstract

This study examines the provision established in the General Organic Code of Procedures regarding the requirement to deposit 10% of the owed amounts to suspend coercive execution, assessing its compatibility with the constitutional right to free access to justice. The research was conducted from a qualitative perspective, primarily utilizing document analysis as a tool for the collection and subsequent analysis of the gathered inputs. The findings identify barriers suggested by legal doctrine that may arise when implementing the right to access justice. Furthermore, this study discusses the interpretation made by the Constitutional Court of Ecuador regarding this provision, based on the data obtained. Consequently, this paper provides insights that offer new perspectives on the issue addressed.