La recusación y el principio de imparcialidad en el sistema judicial ecuatoriano: retos para la garantía de juicios justos

This research addresses the problem of recusal in the Ecuadorian judicial system, analyzing its legal framework and its practical application. Recusal, as a mechanism to guarantee the impartiality of judges, is revealed to be a complex figure with deficiencies in its implementation. The study focuse...

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主要作者: Barbosa Cuzco, Maria Gabriela (author)
格式: bachelorThesis
語言:spa
出版: 2025
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在線閱讀:http://repositorio.ulvr.edu.ec/handle/44000/7842
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總結:This research addresses the problem of recusal in the Ecuadorian judicial system, analyzing its legal framework and its practical application. Recusal, as a mechanism to guarantee the impartiality of judges, is revealed to be a complex figure with deficiencies in its implementation. The study focuses on the analysis of current regulations, including the Organic Code of the Judicial Function and other relevant laws and regulations. The different types of recusal are examined, the causes for their admissibility and the procedure for their processing. One of the main findings of the research is the existence of obstacles and difficulties that prevent the effectiveness of recusal. Problems such as the lack of clarity in the causes, the delay in the procedures and the lack of sanctions for judges who act in a biased manner are identified. These problems have a negative impact on the public's confidence in the judicial system. The perception that judges are not impartial undermines the legitimacy of judicial decisions and generates legal uncertainty......