El recurso de apelación, su interposición y fundamentación en el Código Orgánico General de Procesos

Abstract

Abstract: The current investigation was addressed to determine the appeal resource on interlocutory files and judgments, in accordance to the positive regulatory body provided in the COGEP. The topic was fully developed, on concrete repairs or memorial. COGEP establishes the oral system to process causes. During the judgment resolution hearing, the person that fields assisted by the right, can appeal the judgment, which should be done in the same hearing. The population considered for the current study was law professionals in the Metropolitan District of Quito. Ambiguity and legal uncertainty was found regarding sustaining the appeal resource in non-criminal causes. Legal uncertainty exists, because it is not a positively established if upon appeal, a motivation should be submitted or only invoking the right to appeal; and after summoning with the appeal a 10-day term is granted to the recurrent subject to fundament it in written and 5 days in children and teenagers cases. No explanation either a rationale is provided, leaving the issue to the option of the justice manager to admit resource rationale against award pronounced by him.