LA RESPONSABILIDAD DEL ESTADO POR ERROR JUDICIAL

The present investigation has as purpose to analyze the constitutional figure of the "responsibility of the State for judicial error", figure that is established in Article 11, numeral 9, fourth paragraph of the Constitution of the Republic of Ecuador (2008). The judicial error is configur...

Cijeli opis

Spremljeno u:
Bibliografski detalji
Glavni autor: Loor Reyna, Jennifer Eduvith (author)
Format: bachelorThesis
Jezik:spa
Izdano: 2019
Teme:
Online pristup:http://dspace.unach.edu.ec/handle/51000/5548
Oznake: Dodaj oznaku
Bez oznaka, Budi prvi tko označuje ovaj zapis!
Opis
Sažetak:The present investigation has as purpose to analyze the constitutional figure of the "responsibility of the State for judicial error", figure that is established in Article 11, numeral 9, fourth paragraph of the Constitution of the Republic of Ecuador (2008). The judicial error is configured when the server or server that in use of its attributions emits a wrong concept in the trial, from which the State must respond. Faced with these minor, serious and very serious faults stipulated in the Organic Code of the Judicial Function, sanctions are determined that are in proportion to the damage caused and reparation by the State and the right of repetition. Sanctions applied by the State in order to stop abuses that were committed within the public administration, which the standard calls judicial error. In order to establish the judicial error, an analysis of the judgments of the Inter-American Court of Human Rights as an international organization, doctrine and laws that allowed to point out and affirm the existence of judicial error on the part of the Ecuadorian State and the damage caused by responsible