Abuso de la aplicación del error inexcusable en el Ecuador.

Abstract

The inexcusable error was inserted in the Ecuadorian legislation with the approval of the Organic Code of the Judicial Function in the year 2009, like a disciplinary infraction with sanction of dismissal applied to fiscals and public defenders. Posteriorly, with the changes introduced in the referendum held in 2011, it was also applied to judges. In our investigative work we will study this juridical figure that is part of the disciplinary regime of the Organic Code of the Judicial Function. The object of our study is based on the abuse of the application of the inexcusable error towards judges, because the Council of the Judiciary, has been attributed the competence to determine the existence of an inexcusable error in a final decision of the judge and initiate administrative proceedings without prior judicial declaration, contravening constitutional precepts. Likewise, we will analyze the case of the inexcusable error in constitutional judges, following the criteria of the Constitutional Court.