FALTA DE APLICACIÓN DEL DERECHO DE REPETICIÓN, COMO RESULTADO POR VIOLACIONES DE LOS PRINCIPIOS Y REGLAS DEL DEBIDO PROCESO

This research work is aimed at demonstrating the importance of implementing the right of recovery as a result of the misapplication of justice, so that serious economic damage to the state that is obliged to compensate the private individual is generated to whom his rights have been violated as a result of failure or misapplication of justice. Repeat the action is an action for damages can be recovered before the court or to obtain reimbursement or refund of the amount paid by public entities under compensation tax recognition to the State court conviction, conciliation or other termination of an conflict as a result of the action or gross negligence or willful omission of a former public servant or his or invested with a particular civil servant. Significantly, state revenues are used to pay compensation for miscarriages of justice, they are obtained from the payment of taxes and contributions from citizens. Consequently the compensation apparently canceled the State, they are indirectly canceled by the general public, and in this sense all citizens are affected. It is common knowledge that the application of repeating the action exercised by the State against the person responsible for the judicial error that causes 5 violation of the rights of an individual, in order to recover the amount paid as compensation to the injured. However, the action of repetition is not applied transparently, ie private citizens are never to be aware if you have Sheathing any court action for indemnity against the negligent and worse employee even if it is watered effectuate payment I canceled by the State. In this sense it is important reform to establish a clear and workable process that enhances transparency regarding actions for recovery against public employees who have committed errors which violated the rights of individuals.

• 主要作者: MACAS MALDONADO, DIGNA CATALINA (author)
• 格式: bachelorThesis
• 語言: spa
• 出版: 2016
• 主題: derecho; derecho de repeticion; reglas del debido proceso; resultado por violaciones
• 在線閱讀: http://dspace.unl.edu.ec/jspui/handle/123456789/12021