The inexcusable error: a brake on abuse by determining the procedure in Ecuadorian law.

Abstract

The objective of this investigation is to analyze the incorporation of parameters and procedures for the prior jurisdictional declaration on the existence of inexcusable error in Ecuadorian legislation in light of judgment No. 3-19-CN / 20 issued by the Court Constitutional and the order of clarification and extension to it. The analysis was carried out from a descriptive study, bibliographic review, sentences, resolutions and regulations issued by jurisdictional and administrative bodies. The study specifies the procedure to be followed in the investigation for the infractions provided for in article 109 numeral 7 of the Organic Code of the Judicial Function and the existence of the essential requirement for the initiation of the administrative summary to prosper.