El error inexcusable y la vulneración a la seguridad jurídica en la zona 3 del Ecuador

Abstract

The inexcusable error figure presents several problems, now in a more specific field the problem is approached from the point of view of the investigation processes that may be initiated by this very serious lack, finding that can be started by this very serious fault finding that the legal order does not clearly establish the elements that make up the inexcusable error, in this sense it is important to establish what is valued and what will be penalized at the moment of judge it. In this way, this cause contains backgrounds outside the law, circumscribing political needs. Being impossible to execute it until you have an objective definition of the figure, that is to say, is not known for sure what is and the impossibility of judging something that is not typified; in this context, the oversight report expresses, “ this causal is subject to interpretations and constitutes interference with the actions of the judges”, that is to say, the Judicial Council has reached an arbitrary power violating the Legal Security, taking into consideration the Interdiction of arbitrariness in the Spanish constitutional jurisprudence judgment number 67 of July 7, 1984, indicates the Legal Security as "the sum of certainty and legality, hierarchy and normative publicity, non-retroactivity of the unfavorable, interdiction of arbitrariness, in such a way that justice in the legal order and equality in freedom can be promoted". Effect of which judges infringe predictability and certainty essential elements in legal certainty; specifically, the certainty, according to the exposed, is violated when the judges do not interpret the legal system in a stable way and consistent is to say, they are tied and pressured to influence pass sentences, thus, making legal certainty affected. Chapter I of the investigation, the background from the doctrine and the context of the problem in the investigation is established in the introduction. In the justification, it is recognized why the investigation has been proposed. Chapter II, the state of the art is developed, that come to be the previous investigations that have been carried out based on the variables that are raised in this investigation, thus also the theoretical foundation is developed from doctrinal parameters, this will give strength and validity to the investigation. Chapter III, the methodology that will be applied throughout the research is broken down, the approaches to be applied are qualitative and quantitative, being important for the other sections of the research, the theoretical and conceptual foundation to achieve the structuring of the questionnaire and be applied to the sample identified by the population formula. Chapter IV presents the recommendations and the conclusions.