Non-compliance with legitimate decisions of the competent authority in cases of violence against women and members of the family

Abstract

This article analyzed the existence of problems in the face of the lack of operability when the legitimate decisions of the competent authority are not complied with in cases of violence against women or members of the family nucleus, considering essential rights such as due process, effective judicial protection established in the Constitution of the Republic. The set of laws in a broad sense, assumes the existence of the obligation of all subjects to comply with the provisions even if that rule or decision is not to the liking of the person obliged to execute it. Respect for the rules and decisions that are dictated in a territory by the competent authority, supposes a requirement of the Constitutional States of rights. Ecuadorian legislation has transcended its criminal regulations with figures aimed at protecting social peace and an effective enjoyment of rights. In the present investigation, an analysis and interpretation with documentary bibliography, sampling and review of causes and reports of the Specialized Judicial Unit of Violence against Women and members of the family nucleus of Morona of the Council of the Judiciary were required, which in relation to the LOIPEVM, reflect percentages of cases resolved, with sentence and in abandonment. Thus, being able to identify the background of the main problem that is the disobedience of orders and at the same time determine that the process for the victims needs effective actions and public policies that, without harming the procedural parties, overcome the investigative, sanctioning, and reparative weaknesses of rights.