Aplicación en el sistema de justicia ecuatoriano del error judicial y el error inexcusable

Abstract

The obligation of defending human rights and the persecution of those who violate them is of an international nature, in which the first recipient of the rule is not the International Community but every State in which an attack on human rights has taken place. This obligation originates in the international sphere, but it is of national application; and if it is not met in this area, it becomes international. The problem in its application is the lack of will because international criminal law is not exclusively to prosecute genocide or crimes against humanity, but to make it enforceable in domestic law, because since the States signed the Rome Statute became an applicable law in domestic legislation. For the fulfillment of the proposed objectives, the work was developed through the methodological process that includes the use of the documentary method as the central axis for the collection of information that allows the present report to obtain the required scientific rigor. The inductive-deductive method is used for the analysis of information and the generation of conceptual ideas that allow its development; likewise, the method of legal constructions that allows the logical legal analysis of the construction of the conclusions will be used. Chapter I of this report is presented with the initial description of the main issues on which the case object of our study was developed, a presentation theme in which the responsibility of the State is contextualized, which has allowed us to identify the main study problems, as well as the approach of the objectives of the research. In the same chapter, it highlights the main facts of interest in which the cause under study is developed, the actions of the parties, and the influence of the administration of justice in what corresponds to the main legal conflicts identified. In Chapter II, the epistemological foundation of State responsibility is developed, highlighting judicial error and inexcusable error, and other constitutional principles. The theoretical basis on which this work is based, addressed issues related to the characteristics and elements that make up the judicial error, based on the critical thinking of doctrinaires at the international level in order to substantiate the analyzes that direct the research. In the development of Chapter III, the methodological basis that has served for the adequate use of research techniques, and the methods themselves, such as the deductive-inductive, historical-comparative, and critical content analysis, is structured. . On the other hand, in Chapter IV the results of the investigation of the case study are presented, in which the author's optics, the legal conditions and the legal effects of the inexcusable error are established, in which the proper description is made. the legal figure, as well as the argumentation of the results obtained.