The Right to Reparation and Procedure in Jurisdictional Guarantees of Fundamental Rights

Abstract

This paper describes the main features of the right to obtain reparations against violations of fundamental rights and sets out the procedure applicable to the processes of jurisdictional guarantees. Additionally, the text analyses the constant references to integral reparation in Ecuadorian constitution as well as the typology of reparations at a doctrinal level and in international law such as restitution, compensation, rehabilitation, satisfaction measures and guarantees of non-repe-tition. In addition, the paper criticizes the jurisprudence of Ecuador’s Constitutional Court to the extent that: 1. Dividing jurisdiction between judges to rule on a judicial guarantee and to determine the amount of economic compensation is unconstitutional and arbitrary; 2. That the Constitutional Court may directly determine, in cases of judicial guarantees, on a discretionary basis, the economic compensation which is prejudicial to legal certainty. Finally, the paper proposes three alternatives to solve the identified problems.

Key words: Constitutional jurisprudence, economic compensation, integral reparation, procedural autonomy, procedural law.