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...

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Chi tiết về thư mục
Tác giả chính: Loor Reyna, Jennifer Eduvith (author)
Định dạng: bachelorThesis
Ngôn ngữ:spa
Được phát hành: 2019
Những chủ đề:
Truy cập trực tuyến:http://dspace.unach.edu.ec/handle/51000/5548
Các nhãn: Thêm thẻ
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Tóm tắt: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