Análisis jurídico y doctrinario de la responsabilidad objetiva del Estado en relación con actuaciones de la Policía Nacional y el derecho a la tutela judicial efectiva y expedita

This curriculum integration project focused on the State's objective liability, a legal concept that empowers individuals who have suffered unlawful damages by the State, its delegates, concessionaires, and anyone acting in the exercise of public authority to claim compensation for the harm to their rights or property. To understand the topic, a historical and doctrinal overview of this concept was conducted, exposing and examining various legal criteria that better reflect the subject of this project. Given the country's security crisis and the importance of the duties imposed on the National Police by the Constitution of the Republic of Ecuador, this project specifically addresses the actions of police officers. Additionally, an analysis was carried out on how individuals who have suffered harm can seek compensation, with a special focus on the judicial process. The scientific method was employed as the primary basis for this project, supplemented by other methods such as analytical, exegetical, comparative, synthetic, and historical approaches. Thirty surveys and five interviews were conducted with legal professionals specializing in administrative law. Statistical data from the Judicial Function website and analysis of various cases subjected to administrative jurisdiction were also utilized, highlighting the identified issues. Following field research, case studies, and statistical analysis, it was determined that there is a lack of adherence to procedural norms, particularly regarding the deadlines established by the General Organic Code of Processes for certain procedures and the resolution of cases under administrative jurisdiction, including the special action of the State's objective liability. Additionally, it was found that this issue stems from a shortage of judges handling judicial processes, leading to delays that violate the principle of procedural expediency and negatively impact the right to effective and swift judicial protection, as enshrined in the constitutional norms.

• Autor principal: Torres Calva, Daniel Alexander (author)
• Format: bachelorThesis
• Idioma: spa
• Publicat: 2024
• Matèries: DERECHO; ESTADO; POLICIA NACIONAL; TUTELA JUDICIAL
• Accés en línia: https://dspace.unl.edu.ec/jspui/handle/123456789/29904