Inconstitucionalidad de la resolución 10-2015 de la corte nacional de justicia que limita la admisibilidad del recurso de casación.

For the analysis of this article I think it is important to make a brief account regarding the challenge, then we will address in a general way a brief historical overview of the appeal of Cassation, its concept, the filing of this appeal, its foundation, the functions, its principles, to then enter to know Resolution 10-2015, its background, the problem that motivated its creation, what was the criterion, the legal basis for its birth and logically the unconstitutionality of the same object of our article and that today, was declared unconstitutional by judgment of the Constitutional Court No. 8-19-IN and accumulated / 21 dated December 8, 2021. I believe that the Criminal Chamber of the National Court of Justice of Ecuador, in its eagerness to decongest the hearings that through the filing of cassation appeals reached the national level, is what motivated the creation of a resolution that stops the wave of these appeals, which should be resolved by oral hearing; Faced with this, a resolution is born that somehow stops the flow of challenging procedural burden that entered the criminal chamber, whose support for its creation, were triple repetition rulings, so that it is spoken about the "ADMISSIBILITY OR INADMISSIBILITY of the APPEAL OF CASSATION", the creation of this resolution disregards several rights of constitutional and conventional rank and in doing so, had an inquisitive court criterion, typical of medieval times in which the Hammer of the Witches resembled, to eliminate those who opposed the superior designs. This article revolves around a theoretical dimension, under a qualitative approach and propositional level, to know to what extent resolution 10-2015 is unconstitutional, if the conventional framework such as the international human rights treaties and instruments to which our country is a signatory, among others, was not observed: the American Convention on Human Rights (C.A.D.H.), the International Covenant on Civil and Political Rights (IP). The Typology of Research is Legal Dogmatics "... It is also called formal-legal, formalist-legal, conceptual-legal, theoretical-legal, or simply dogmatic research. Here we study the structures of objective law – that is, the legal norm and the legal normative order – so that it is based, essentially, on the formal sources of objective law ...". Also the Analytical, Synthetic Analytical, Hermeneutic Method in which the article revolves around the analysis that has been made in this regard, the criterion for declaring the unconstitutionality of this resolution and the Deductive Inductive Method whose use of this method will be suitable for through premises, to reach a general conclusion, such as the unconstitutionality of resolution 10-2015.

• Autor Principal: Díaz, Lizardo X. (author)
• Formato: masterThesis
• Idioma: spa
• Publicado: 2022
• Subjects: Derecho Penal; Principios; Debido proceso; Seguridad Jurídica
• Acceso en liña: http://repositorio.uotavalo.edu.ec/handle/52000/793