La independencia judicial frente al error inexcusable.

Abstract

Background: The present investigation is guided in the study of the imposition of the faults in the disciplinary regime of the Council of the Judiciary of Ecuador, specifically it is carried out a legal examination to the inexcusable judicial error in the legal system and the relation of this controversial figure with the principle of judicial independence. The objective of this investigation is to base the legal bases for the sake of proceeding in cases where the Judges incur this figure, regarding how and who or who should declare the inexcusable error. Within the methodology used applied in the research, theoretical methods, doctrinal, analytical and synthetic legal, as well as empirical methods were used. The result obtained in the investigation demonstrates the need for a reform of the disciplinary regulations such as the Organic Code of the Judicial Function, specifically what is determined in article 109 number 7 for the determination and definition of the inexcusable error, so that they are established with clarity of the constituent elements of said judicial error. In conclusion, it is specified that, the regulations that contain the inexcusable error are limited in reference to the clear definition of the same and the elements that constitute the legal figure, if these elements are not clarified there is a clear violation of judicial independence, both internal and external as well as legal certainty, therefore, the error is interpreted as a convenience, as a result it is also the removal of dozens of justice operators nationwide.