La rígidez del recurso de casación en el sistema procesal civil ecuatoriano.

Abstract

The present work of legal research, exposes the appeal of extraordinary cassation from its beginnings to modern law, to understand the nature of it and identify if in our legislation is being used correctly, attending to its private and public function. The general objective was to analyze the Ecuadorian civil appeal system and the admissibility review of the cassation appeal in the Ecuadorian civil procedure system by the National Court of Justice Courts to determine if the rigidity of the formal requirements would generate a possible violation of the right to effective judicial protection, in order to repeal this phase of the General Organic Code of Processes and that the same judges of the National Court of Justice make the respective examination of the form and substance of the appeal and that these in turn. Regarding the methodology, the deductive method, analysis method, synthesis method, qualitative modality, descriptive, explanatory, field and bibliographic - documental method were applied. Among the results achieved and relevant, were that effectively the cassation appeal in the Ecuadorian procedural system is very rigid and therefore does not comply with its public function, so that it must be restructured to avoid the possible violation of the constitutional right of effective judicial protection.