Incorporación de la casación Per Saltum en el Código Orgánico General de Procesos.

Abstract

The cassation from its remote antecedents, that is, from ancient Rome, has evoked in an institution of control over the sentences that were not in accordance with the law. This jurisdictional control has been regulated to a greater extent to date, either with the establishment of specialized appeal courts or, in turn, inquiring into determining the grounds for the deduction of this institution. It has been classified as an extraordinary vertical resource of Ecuador. In this way, its development and normative regulation has contemplated greater scope of the limitations in terms of the institution's procedure. The Per Saltum cassation is framed in a more liberal nature of the law, in that it seeks to facilitate the control of sentences that conceive omissions or improper application of the law in its operative part, which, if the pre-established procedure continues, would only entail greater damages for the procedural parties, due to the violation of rights, or in turn, against the same State in the waste of resources. The Per Saltum cassation is an institution that is developed with special procedural requirements in order to establish itself as an effective means of control. The development and regulation of this institution will be addressed in this work.