Análisis de la falta de unificación de criterios judiciales por parte de los operadores de justicia, respecto a los contratos ocasionales de los servidores públicos, al momento de dictar la sentencia de acción de protección, contraviene el principio del debido proceso de motivación y la seguridad jurídica

The present legal research work entitled "Analysis of the occasional contracts of public servants, regarding the lack of unification and diversity of criteria by the judges at the time of issuing the sentence of protection action contravenes the principle of due process. of motivation”, the interest that does not lead to develop this investigation is due to the lack of unification of the judicial resolutions when the same violations of rights are alleged, or when the same point of law is treated, that has caused the violation of rights constitutional, such as that of Legal Security. The study carried out shows that the discretion with which justice operators resolve the same point of law must be duly founded and `must be subject to the control of rationality and reasonableness, on the other hand, the lack of unification of judicial criteria has caused problems in the administration of justice since it is inadmissible that dissimilar criteria be applied to equal cases, since legal certainty is deteriorated, In this thesis, materials and methods were applied which allowed the development of the investigation, interviews were conducted with judges from different judicial units, surveys of legal professionals, and in turn a specific case study was carried out that served to raise the present topic. investigation, which aims to demonstrate that the application of dissimilar criteria for equal cases and the lack of jurisprudential unification violates the right to legal certainty and due process of motivation.

• Autor Principal: Solano Cuenca, Richard Bryan (author)
• Formato: bachelorThesis
• Idioma: spa
• Publicado: 2024
• Subjects: DERECHO; OPERADORES DE JUSTICIA; SERVIDORES PUBLICOS; CONTRATOS OCASIONALES
• Acceso en liña: https://dspace.unl.edu.ec/jspui/handle/123456789/29313