Estudio jurídico y doctrinario referente a la dificultad probatoria del daño moral en el sistema de justicia ecuatoriano.

Abstract

Moral damage is that affectation, damage or detriment that an individual suffers as a result of the violation of a very personal right or a protected legal right, this violation directly affects the non-patrimonial rights of the victims. Moral damage is caused by the commission of an illegal act or fact. In our country, the Civil Code does not regulate this legal figure, but if it determines that it can be subject to compensation, moral damage is configured when any of these rights have been affected: right to honor, honor and good name, right to dignified life, to physical and psychological integrity, rights that are enshrined in the Constitution and in the International Human Rights Treaties ratified by Ecuador. The compensation referred to in the Civil Code is nothing more than the application of reparation measures or compensation for the damage caused, these measures are enshrined in article 18 of the Organic Law of Jurisdictional Guarantees and constitutional control. The quantification of nonpecuniary damage is complicated, since the psychological and emotional affectation of the victims cannot be valued pecuniarily, unlike material damages, which can be calculated mathematically and therefore, the Judges can order, without further ado. difficulty, compensation to the affected person.