Reformas legales al artículo 27 del código orgánico general de procesos relacionado a la caución, para garantizar el derecho a la gratuidad de la justicia.

Article 75 of the Constitution of the Republic of Ecuador, in accordance with Article 168 paragraph 4, provides that access to the administration of justice will be free. At this point the doctrine makes a distinction between the free administration of justice and the gratuity of justice, this much broader latter being and would include not only the exemption of fees for access to the public service of justice, but also all expenses that may put to the parties at a disadvantage when litigating. That is according to the Constitution, the gratuitousness of justice includes not only the gratuity in trials, but also in public defense and any action of justice, as in the expert opinions, and notarial registry entries, etc. Gratuity is a constitutional and legal principle under Articles 75 and 168, paragraph four of the Constitution, and 12 and 17 of the Organic Code of the Judiciary, which establish that access to the administration of justice is free and is a basic and fundamental state public service. Likewise, the Constitution guarantees the principle of fairness, I understood as such an essential guarantee of the judicial function that determines the very existence of that task; hence more than once has been said, from a perspective cuasifilosófica that "no impartial judge no, properly, judicial process." Article 27 of the General Code of Process referring to the demand for recusal, said that the suit was filed, within a period of three days, the or the judge set a bail of between one and three unified basic salaries of workers in general, to be appropriated by the or the actor. Without this requirement, the demand will be unskilled and your file will be available. However it makes an exception for the payment of the above the State bond. In matters of childhood and adolescence and labor. For these reasons this noble ideal of free justice, it has become a simple statement and a mere aspiration, on the grounds that as determined by the aforementioned article of the Code General Process, if the actor does not deposit the amount of the bail set by the judge, demand will not qualify and must simply have the file. As required by Ecuadorian civil law, generally speaking, bond generally means any obligation that contracts to the safety of another or selfemployment obligation. They are species surety bond, pledge and mortgage. Add the deposit money to the order of the trial judge however in this particular case, the bond is paid in order to process a request for recusal, leaving much to say. According to the Legal Doctrine procedural collateral, it is a guarantee of economic nature that should give one of the parties in the process to ensure the compliance with other obligations arising therefrom. He maintains that usually consists of making available to the court an amount of money or consumables. In some cases real estate is also taxed in order to ensure compliance with the obligations of the process. Now, against this undeniable reality of the cost of justice, as is regular bail as one to three basic wages of workers in general is injured flagrantly right to free both been claimed in the Supreme Standard . The same Article 27 of COGEP not specify in which cases it should be noted deposit of one, two or three salaries, leaves it to the discretion of the judge. In this sense not pay that bail could leave defenseless a person. Therefore, the State, through the current government, seek appropriate solutions or the indispensable means for the principle of free enshrined in our legal system a reality and not a sham. For these reasons and to ensure this constitutional right of free justice and because I consider that the amount of bail is exaggerated, I think that should be regulated according to the amount of the process, those demands with a certain amount, and undetermined cases with a value, such security must not exceed one hundred dollars of the United States of America.

• Autor Principal: Jaya Jaramillo, Doris Esperanza (author)
• Formato: bachelorThesis
• Idioma: spa
• Publicado: 2018
• Subjects: DERECHO; REFORMAS LEGALES; ARTÍCULO 27; CÓDIGO ORGÁNICO GENERAL
• Acceso en liña: http://dspace.unl.edu.ec/jspui/handle/123456789/20396