La Nulidad De La Sentencia Prevista en el Literal L del Numeral 7 del Artículo 76 de la Constitución de la Republica del Ecuador y su Aplicación en Relación A la Reparación Integral a la Victima

The new Constitution justice model", indicates:... "that design of constitutional justice, is based on a strong increase of the faculties and a tendency towards autonomy, in order to comply with a model of constitutional justice and justice ordinary guarantees, amending the role of the judges in the form of administering justice, the new Ecuadorian constitutional model". (…) According to article 1 of the Constitution of the Republic of the Ecuador, the Ecuadorian State is a constitutional state of rights and justice. This seemingly semantic change has significance, enormous, because it implies the definitive, in Ecuador, the legalist State or legality, which had prevailed in the country since the beginning of the Republic, there in 1830, to adopt the so-called constitutional model guarantees or guaranteed. "Existing law", is not only in the laws duly passed, but that the reality of the law is in the actions and judgments issued by the ordinary courts of Justice. In the new State constitutional rights and justice work of Colon Bustamante sources, publishing legal del Ecuador 2012, p. 80, cited to DR. LUIS FERNANDO AVILA LINZAN, "from the redesign of the administration of Justice which makes the judges law makers and guarantors of rights and horizontalization of the judiciary from the equality of judges corresponds to a single and efficient judicial analysis (restorative justice) and the pre-eminence of the litigation with advocacy (distributive justice). 6 In terms of full reparation to the victim, which is determined in the article 628 of the organic comprehensive criminal code, where manifests that any conviction must contemplate full reparation of the victim, with the determination of the measures implemented, runtimes and persons or public or private entities obliged to execute them; and if the process is declared invalid the decision or resolution, the victim in this case stays in the helplessness and is granted the constitutional guarantee of the right to defense and that by resolution or ruling to grant integral, since repair process is stops, ABEC for months or even years, to benefit from this person would have to wait for it to finish procedures in all of its instances, in order to benefit from the same. My proposal would be that when a judge or judge handed down its decision in the same order that you repaired immediately to the victim and thus ensure it constitutionally, according to the numeral Art.11 9 of the Constitution of the Republic of the Ecuador, where it establishes the enjoyment of this repair even if be declared void such sentence or decision immediately. The problem is logical, since in our level of justice dictate resolutions or decisions without being properly motivated the same guaranteed in the literal l of paragraph 7 of the article 76 of the Constitution of the Republic of the Ecuador, which have caused them null and void and this has left the defenceless victim or victims of various crimes , the nullity is: from the perspective of law, La idea of invalidity realizes a status of invalid which can have a legal action and that generates that this Act cease to have legal effects.

• Main Author: Rodríguez Barrera, Andrea Guadalupe (author)
• Format: bachelorThesis
• Language: spa
• Published: 2016
• Subjects: DERECHO; CONSTITUCIÓN DE LA REPÚBLICA; REPARACIÓN INTEGRAL A LA VICTIMA; ART 11 NUMERAL 9
• Online Access: http://dspace.unl.edu.ec/jspui/handle/123456789/13386