La necesidad de reformar el artículo 22 del Código Orgánico General de Procesos, a fin de establecer un procedimiento en caso de negativa de excusa por parte del juez, en aplicabilidad al principio de imparcialidad

Abstract

Abstract: This degree work aims to analyze and validate the figure of the excuse within the General Organic Code of Processes. It also proposes the analysis of article 22 of the General Organic Code of Processes, since the General Organic Code of Processes does not indicate the procedure as such in case of refusal of excuse by the judge. Given the lack of regulations and excuse procedure, the National Court of Justice has issued a resolution that establishes a procedure for these cases, resolution No. 08-2018, which will be analyzed. This study will allow us to recognize the degree of competence and to what extent the judiciary is empowered to intervene judicial decisions. The analysis of the Code of Civil Procedure on the excuse based on article 886 will be taken into account, which, in cases of refusal, will be sent to a superior to resolve the case, the difference between the previous regulations and the current one will be discussed. The analysis will allow us to recognize the degree of responsibility and the violation that could occur within the due process in case of refusal of excuse by the competent judge, which would generate a possible violation of the principle of effective judicial protection and legal security. In Ecuador, based on the constitution of Ecuador of 2008, our country recognizes and guarantees due process and defense of judicial protection free of charge bases on articles 75 and 76, however, in practice omissions may occur due to part of the authorities, therefore, there must be a way to solve them to guarantee those rights enshrined in the Constitution. For its part, the General Organic Code of Processes, which has been in force since 2016, is a subject regulation that seeks to adapt to the Constitution of the Republic of Ecuador, implementing a path ad steps to follow facilitating the processes and administration of justice as well as an oral system, based on a principle of speed, which we are certain is fulfilled, but as we already mentioned, there may be omissions in this norm.