Efectos de la declaratoria de abandono de la causa por falta de comparecencia del actor a las audiencias establecidas en el Código Orgánico General de Procesos.

Abstract

The title of this investigation is the effects of the declaration of abandonment of the case due to the failure of the actor to appear at the hearings established in the General Organic Code of Processes, which aimed to analyze and identify the rights and guarantees that the judges violate when declaring the abandonment of the case due to the absence or delay of the actor to the hearings on the stage that only his sponsoring lawyer attends without judicial authority with a special clause to compromise, in order to propose a reform to numeral one of article 87 of the General Organic Code of Processes, and for which, our research work was carried out under a process focused on the interpretive paradigm, with a qualitative approach, using the legal doctrinal, historical legal and synthetic analytical methods of the normative content, as well as the application of the information collection instrument such as the interview applied to lawyers in free and court and judicial officials from the city of Guayaquil, Guayas province, Ecuador; likewise, the study of a labor case regarding the non-attendance of the plaintiff at the sole hearing, resulting in the declaration of abandonment by the judge and the jurisprudential analysis of the Sentences of the National Court of Justice and the Constitutional Court of Ecuador. Regarding this case, it was concluded that there is a violation of the right to due process on the part of the judges when declaring the abandonment of the same because the plaintiff did not attend the hearings stipulated in said normative body when only his sponsor lawyer appeared without judicial prosecution with special clause to compromise, for which it was determined the importance of reforming numeral one of article 87 of the General Organic Code of Processes, in order to allow the plaintiff to request the judge only once in a term of five days, to set a new date and time for his appearance at the respective hearing so that he has the opportunity to be heard and exercise the right to his defense, thus guaranteeing the right to due process.