Violación del derecho a la defensa en el procedimiento del error inexcusable

Abstract

The inexcusable error is a disciplinary figure that leads to the dismissal of judicial servants. The objective of this article is to analyze the figure of the inexcusable error and the violation of the right to defense in the inexcusable error procedure, for which a descriptive study was developed with a qualitative approach based on exegetical methods, bibliographic review, analyticalsynthetic and historical-logical. It is concluded that there is vagueness and confusion in the interpretative criteria applied to the norm, which derives from the jurisdictional control of the appellate judges and their report declaring an inexcusable error prior to the summary versus the sanctioning power of the Judicial Council, a body administrative body, who, for his part, after said unappealable report, must make a subjective and autonomous assessment in order to optionally determine the suitability of the summary, an incomprehensible situation because said administrative body lacks the power of interpretation conferred on the jurisdictional bodies, inconsistencies that makes possible the violation of the right to defense of the accused