La condición normativa de la Constitución y la Ley de Casación

Abstract

This paper aims to make a doctrinal, legal and critic of Cassation Act in force in Ecuador analysis, because this body of law includes several formal requirements often make the appeal is denied for lack of compliance with these; so incomprehensible to sacrifice justice for the simple fact of not meeting them; which is contradictory to the normative character of the Constitution, which in its first from the beginning of the Judiciary section specifically states in the final part Article 169; that: “Justice will not be sacrificed by the lonely omission of formalities”. Thus, after the respective research will lead to evidence the approach undertaken and under the new political and legal scenarios guarantor, the need to harmonize the law of Cassation through an amendment to its contents under constant propose provisions International and Carta Magna Treaties; highlighting the need to respect the rule of law in which live.