Aplicación del principio de juzgamiento pese a la omisión de formalidades.

Abstract

This paper explores the way it should be executed the constitutional principle of not sacrificing justice because of the formalities omissions. For the effect, formalities and solemnities concepts are analyzed, as well as their doctrinal distinction; and in a briefly way, how civil formality or anti-formality laws models have been historically implemented in judicial processes. Then, in Ecuadorian law context, formalities are studied in his principles and established procedures. In particular, Executive judgment and Civil Code provisions related to nullity are considered. Furthermore, it is examined in a briefly way, Argentina and Spain legislations referred to formalities execution in judicial processes. Then it is analyzed how it should be the execution of civil procedure principles by de Justice Administration in reference with the actual legislation (2015). The analysis is complemented by the revision of two nullity execution cases. Finally, it is concluded that, in order to have a correct constitutional standard performance, it is necessary an integral interpretation based on the criterion that formalities are reasonable and allow the accomplishment of Justice, if they respond to the human person dignity.