Análisis del juicio contra el Estado por inadecuada administración de justicia.

Abstract

Article 11 paragraph 9 of the Constitution of the Republic of Ecuador establishes the extra contractual liability of the Ecuadorian State in cases of arbitrary detention, judicial error, unjustified delay or inadequate administration of justice, violation of the right to effective judicial protection, and violations of the principles and rules of due process. Likewise, Article 32 of the Organic Code of the Judiciary provides for an action against the State for inadequate administration of justice, in relation to the provisions of Article 11 paragraph 9 of the CRE. However, is the action contemplated in article 32 of the COFJ really effective in the determination of noncontractual liability for inadequate administration of justice? Does the aforementioned action really contain a process in harmony with the Ecuadorian legal system? Can this action guarantee the defendant an adequate mechanism in the search for compensation and defense of his rights in cases of inadequate administration of justice?.