Afectación a los derechos de las personas por negligencia en la defensa técnica de sus abogados

Initially, while developing the first ideas of my research work, an important question arose regarding this topic. How does the disciplinary system of lawyers in free professional practice work and what is its level of ethical effectiveness? This set of moral and ethical standards of the legal professional, in practice only appear as a pending subject. Therefore, the main objective is to determine and analyze the mechanism to control the actions of the lawyer in free exercise. Make the client aware of their right to have a good defense, and the lawyers of their responsibility as such. The methodology used in this research is conclusive to guarantee the study and the obtaining of reliable and valid results. This research work, like the one at hand, demands a systematic design to meet the goals set. Because it is a social reality that must be regulated, the application of the socio-legal method was necessary. The use of various reference sources and the conclusions of this work requires the use of the theoretical-deductive method. The analysis of the problem requires the qualitative method, and the quantitative method to determine the social impact in numbers. Regarding the results of this investigative work, the disaggregation of the statistical information shows the lack of a reliable record of sanctioned lawyers. The figures obtained in the preparation of this research are unreliable, they do not reflect the reality of this problem. In carrying out this investigation, a clear concern of the control body was evidenced, in those cases of corruption and professional malpractice committed by public servants (belonging to the Judicial Function), corroborating in this way, that there is not the same disciplinary control for lawyers in free professional practice. The disciplinary control of lawyers in the free exercise of the profession is minimal compared to the real behaviors in the Ecuadorian administration of justice, this was verified quantitatively, since only in the rendering of accounts of the year 2019, presented by the National Subdirectorate of Disciplinary Control A total of 1730 disciplinary files were entered, of which 946 files were resolved, while the statistics analyzed in this investigation within the period January 2018-June 2021, showed an entry of 498 complaints at the national level of which there was only one sanction with suspension for lack of procedural fairness. In conclusion, the statistics show us the existence of a social problem, a dark figure that affects in two directions (client - lawyer). But, the idea of preparing this work does not lie in attributing blame. The core of this research is to make society in general aware of the importance of having a good technical defense, as a guarantee to prevent the right to due process from being violated. Both the improper actions of the professional lawyer in his capacity as a public servant, as well as those of the lawyer in free professional practice, must be sanctioned.

• Hlavní autor: Valladares Paz, Rosa Marivel (author)
• Médium: article
• Vydáno: 2022
• Témata: Derecho; Infracciones; Abogados
• On-line přístup: http://repositorio.iaen.edu.ec/handle/24000/6076