Análisis de sentencias dentro del proceso contencioso administrativo referente a la aplicación del recurso de aclaración establecido en el artículo 253 del Código Orgánico General de Procesos

Abstract

Abstract: This paper analyzes the application of the clarification remedy in administrative litigation in Ecuador, in accordance with Article 253 of the Organic Code of General Procedures. Specific cases such as processes 17741-2016-0479, 17741-2016-0211, 17741-2017-0155, and 17811-2018-00514 are examined to illustrate how this remedy is used in judicial practice and the difficulties it generates. The clarification remedy is crucial for ensuring that court rulings are clear and understandable for the parties, allowing them to comprehend the reasoning and decisions of the judge. However, its application presents challenges, such as ambiguity in differentiating between material errors and substantive issues, as well as the strict time limits for its submission. The study emphasizes that the correct use of this remedy contributes to the construction of coherent case law and proposes improvements such as continuous training for judges and lawyers, a review of procedural deadlines, and regulatory clarification to reduce ambiguities. These recommendations aim to strengthen the administration of justice and ensure that judicial decisions are precise and free from errors, thus increasing trust in the judicial system.