Error inexcusable e independencia judicial en el Ecuador : análisis constitucional del numeral 7 del Art. 109 y del Art. 113 del Código Orgánico de la Función Judicial.

Abstract

Inexcusable error, in the Ecuadorian legal system, is typified as a very critical disciplinary infraction contemplated in numeral 7 of Art. 109 of the Organic Code of the Judicial Function, which has as a sanction the dismissal from office of judges, prosecutors and public defenders, who, in the exercise of their competencies, have committed a "judicial error". Article 113 of the Organic Code of the Judicial Function establishes that the Council of the Judiciary may exercise disciplinary action, ex officio, for the minor, serious and very serious infractions contemplated in Articles 107, 108 and 109 of the same, which would imply that this organism, which has administrative skills, according to Article 178 of the Constitution of the Republic, becomes a organism that practics jurisdictional skills, thus violating the constitutional principle of judicial independence enjoyed by the administrators of justice, by constitutional mandate. However, its definition and scope are not precisely determined by the Organic Code of the Judicial Function, hence the importance of conducting this study with the objective of analyzing Ruling No. 3-19-CN, dated July 29, 2020 and No. 964-17-EP/22, dated June 22, 2022, issued by the Constitutional Court, through descriptive qualitative research, using theoretical methods of analysis-synthesis and legal interpretation and using documentary review and analysis as a technique for collecting information.