Justicia material y seguridad jurídica en el recurso de casación ecuatoriano. Análisis jurisprudencial.

Abstract

The purpose of this academic work is to determine the realization of material justice and legal certainty in the cassation appeal regarding the scope given to the evidentiary error that can be appealed under article 268, number 4 of the COGEP. This determination can be obtained through a qualitative case study methodology by analyzing jurisprudential development in the National Court of Justice's judgments and by the Constitutional Court. A study of decisions of the first Court above mentioned reveals that in addition to the eclectic system scope, that is, the recognition of the Appeal for an error of fact occurred in factual reviews, the interested party is under an uncertain and unequal condition with regard to the justice administration authority due to the constant contradictions of the various Chambers in the admissibility of the Appeal. Likewise, a study of decisions of the second Court mentioned above analyzes the competence and legitimacy of its jurisprudential decisions, given the lack of knowledge of the material scope granted by the National Court of Justice, by expressly prohibiting any factual review in cassation, which, as will be demonstrated, it even implies an unmotivated ignorance of previous criteria where these facts were accepted and consequently resulting in an unconstitutional regression in recognition of rights.