Reforma a la normativa del Código Orgánico de la función judicial respecto al régimen de faltas gravísimas en las que pueden incurrir los servidores judiciales

The Constitution of the Republic of Ecuador, in force since 2008, incorporated as part of the rights granted to persons, property rights, including Article 75, recognizes that all human beings have the right to legal aid, and to receive from the courts, effective, impartial and expeditious protectio...

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Wedi'i Gadw mewn:
Manylion Llyfryddiaeth
Prif Awdur: Valverde Castillo, Johana Cristina (author)
Fformat: bachelorThesis
Iaith:spa
Cyhoeddwyd: 2015
Pynciau:
Mynediad Ar-lein:http://dspace.unl.edu.ec/jspui/handle/123456789/8448
Tagiau: Ychwanegu Tag
Dim Tagiau, Byddwch y cyntaf i dagio'r cofnod hwn!
Disgrifiad
Crynodeb:The Constitution of the Republic of Ecuador, in force since 2008, incorporated as part of the rights granted to persons, property rights, including Article 75, recognizes that all human beings have the right to legal aid, and to receive from the courts, effective, impartial and expeditious protection of our rights and legitimate interests, and that this protection should be provided taking into account the principle of immediacy and speed; Article 169 also provides that for justice as a social ideal is realized, all procedural rules enshrine principle as simplification, efficiency, immediacy, speed and economy; and consistent with the provisions of Article 176 it is determined that the servants of the judiciary and judicial officers generally have a duty to apply the principle of diligence in their performances in the procedures for the administration of justice. However the application of constitutional provisions contained in those articles, and the obvious changes thanks to the efforts made by the Ecuadorian State, in administering justice, it is undeniable that there are still problems that show that some judicial officers do not fully comply their duties and do not act with due diligence, which becomes obvious in situations such as the expiration of pretrial detention; lack of office because of the acts and proceedings; and failure to appear at the hearing and other procedural actions. The incidence of these behaviors are due, among other causes that they are not punished with due rigor, within the legal framework, as not part of the serious offenses that may incur the servants and judicial officers. As stated above becomes obvious that there is a legal problem in the discipline of the servants of the judiciary, which is addressed in this paper entitled "REFORM LEGISLATION IN THE PROFESSIONAL CODE OF JUDICIAL FUNCTION COMPARED TO SYSTEM FAULTS GRAVEST IN WHICH THE COURT MAY INCLUDE SERVERS”. The same one that presents a broad conceptual, doctrinal and legal support and concludes with the approach of a legal proposal to reform the Code