Facultad oficiosa saneadora del proceso y las sentencias inhibitorias

Abstract

The present research work is limited to the critical analysis of the unofficial power to clean up the process and its incidence in the inhibitory sentences, from a doctrinal and normative conception, in order to establish, from the scope of its nature and scope, the need for its normative regulation, by virtue of the problem that arises in the face of the legal vacuum. In this context, the analysis of the previous exceptions provided for in the General Organic Code of Processes is of great importance, differentiating between those that involve issues of an exclusively procedural nature, with those that refer to substantial issues of the process, since it will depend on the scope of its nature the informal action of the judge, to purge the procedural defects that prevent resolving the merits of the controversial matter. Therefore, the present study is based on four edges, namely: contrast between procedural guarantees and judicial activism; correspondence between the principle of expungement and the principle of speed and procedural economy; relationship between the informal faculty and the impartiality of the judge; and, the materialization of justice as an essential value enshrined in the Constitution of the Republic of Ecuador. In this context, in order to achieve the purpose of this research, surveys have been carried out on various legal actors, whose analysis and discussion of results allows us to conclude that it is imperative to regulate the informal faculty of a purifying nature of the process, in order to avoid inhibitory sentences that leave the procedural subjects in uncertainty, in the event of initiating a new legal action, since the merits of the litigation matter have not been resolved