Independencia judicial y responsabilidad por error inexcusable.

Abstract

Article on the subject of the legal concept “inexcusable error” by Ecuadorian judicial officials; where the Court’s resolutions were legally examined, regarding sub-problems specifically contemplated in No. 7, Article 109 of the Organic Code of the Judicial Function, such as: first, the annexation between constitutional responsibility and the principle of judicial independence; second, inexcusable error and negligence based on the principle of legality, effective judicial protection and legal certainty contemplated in the Constitution; third, the powers decreed by the Constitution of Ecuador and granted to the Council of the AD Judiciary on disciplinary infractions of judicial officials; and, fourth, the Court’s response when a case is presented, for example judgment No. 3-19-CN/20, which indicates legal problems arising from inexcusable error. In conclusion, I will demonstrate the lack of constitutional guarantees and clarity within the due process, effective judicial protection and rights of the official of the judicial system; Therefore, this article provides legal bases for suggesting legal reforms within Ecuadorian legislation aimed at safeguarding and enforcing the principle of judicial independence as a fundamental right of judicial officials.