La caución en la acción de nulidad para suspender la ejecución de sentencia ejecutoriada en el Código Orgánico General de Procesos.

Abstract

The annulment action of a final judgment is a civil penalty, which allows us to go back to the previous moment when the null act occurred. Its objective is to ensure faithful compliance with the legal provisions, even more so when they are considered as substantial solemnities. Request the nullity of an enforceable sentence, implies that decision that is in the authority of the force of res iudicata, that is, a final decision, and that can only be invoked providing that it takes into account the taxable causes provided by law, as is the case of lack of jurisdiction, competence, citation, etc. However, the action of nullity does not prescribe the suspension of the execution of the sentence, which leads to an inefficiency of the system, since, to declare the nullity, to return things to the previous state is more complicated once executed decision. Therefore, it is necessary to implement a mechanism that can serve to invalidate the sentence suspending its execution, which could be achieved with the surety, thus ensuring the Effective Judicial Protection of the ensuring Due Process.