Análisis de la responsabilidad estatal derivada del error judicial en el Ecuador
The present research work was carried out with the purpose of analyzing the presence of judicial error in the judging of the judge's processes through the theoretical and legal study, identifying that the judicial error is immersed in the judicial work, in the actions of the judges, courts, pro...
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| Materiálatiipa: | bachelorThesis |
| Almmustuhtton: |
2023
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| Fáttát: | |
| Liŋkkat: | https://repositorio.puce.edu.ec/handle/123456789/42871 |
| Fáddágilkorat: |
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Lasit fáddágilkoriid | Čoahkkáigeassu: | The present research work was carried out with the purpose of analyzing the presence of judicial error in the judging of the judge's processes through the theoretical and legal study, identifying that the judicial error is immersed in the judicial work, in the actions of the judges, courts, prosecutors and public defenders, who have responsibilities due to the position they hold. The error first becomes known through administrative channels, in the Disciplinary Regime of the Council of the Judiciary, where the respective investigation is carried out on the case and the type of error in question and the corresponding sanction are determined, without However, Resolution No. 12-2020 states that when presuming fraud, gross negligence or inexcusable error, this complaint must be filed with the competent jurisdictional authority, which is the hierarchically superior court, but in the case that no means of challenge, a vertical appeal will be applied, this action requires that the competent authority has issued the prior declaration, for example, for first level judges and courts, prosecutors and public defenders, the respective specialty court of the Provincial Court will be competent of Justice of the corresponding territorial district. To carry out this study, the mixed approach was applied, that is, qualitative and quantitative, with a descriptive approach, applying the normative, hermeneutic and inductive-deductive methods. Having as a result that the judicial error leads to state responsibility, which makes the payment of economic reparatory measures in favor of the people affected by this error, and the State has the right of repetition against the person responsible for the error. |
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