La citación con la demanda al demandado a través de la radiodifusura y el derecho a la honra a las persona

Abstract

The graduation work under the Thesis modality: "THE CITATION WITH THE DEMAND TO THE DEMANDED THROUGH THE BROADCASTER AND THE RIGHT TO THE HONOR OF THE PEOPLE", proposes to repeal No. 2 of art. 56 of the General Organic Code of Processes, legal provision that establishes that the person or persons whose individuality, domicile or residence is impossible to determine will be quoted through: No. 2.- "Messages that will be transmitted on three different dates at least three times a day at a local radio station on a schedule of six to twenty-two hours and which will contain an extract of the relevant request or request. The owner or legal representative of the broadcaster will issue the certificate attesting the dates and times when the transmissions of the message and a copy of the audio were made. The citation by the radio will be made when at the discretion of the judge or the latter is the main means of communication of the place. I consider that the summons to the defendant through the broadcaster is an attempt against the honor and dignity of the people, taking into account that the situation in which the defendant is located is personal and nobody has to know their problems. On the other hand it has been strange to see how the judges do not strictly apply what is determined in the last part of the legal provision quoted the same one that verbatim says "The citation by the radio will be realized when at the discretion of the or the judge" Be the main means of communication of the place" In this city of Ambato there are several written means of communication, such as the newspaper El Heraldo, Diario la Hora, means in which the citation can be made, but nevertheless the judges violating this rule directly order the publication to do so by The Radio, violating the principle to the honor and the dignity of the people.