La responsabilidad del estado por error judicial en el sistema de justicia ecuatoriano.

Abstract

The present investigation focuses on the study of the responsibility of the State for the inadequate administration of justice, which causes damage to the administered. Currently, the non-contractual liability of the State is objective and direct, and requires establishing forms of compensation for damages caused by the malfunctioning of public services. The general objective is to analyze the judicial error committed by judicial officials with jurisdictional authority within judicial proceedings, whose damages are susceptible to be compensated by means of a judicial claim. It has a qualitative methodological approach, to study the procedural rules, doctrine and jurisprudence on compensation in cases of inadequate administration of justice; In addition, semi-structured interviews with legal professionals are carried out on the need to regulate judicial error. The results show that the judicial error does not contain specific regulations that develop it, which makes its content is indeterminate and its discretional application, at risk of becoming a threat to the legal security and judicial independence of judges. Therefore, elements are proposed to support the legal institution of judicial error.