THE INEXCUSABLE ERROR IN ECUADOR. CONSTITUTIONAL ANALYSIS

The Inexcusable error is a very serious disciplinary infraction contemplated in the Organic Code of the Judicial Function, however, in Ecuador its definition and elements are not entirely clear, for this reason, it is important to analyze it from the point of view of the role of judges under a Constitutional State of Rights and Social Justice, to understand that justice operators can be sanctioned for carrying out jurisdictional activities and in the same way affecting the foundation of a Guarantor State. That is why, that this work through a qualitative descriptive research seeks to reflect on the work of the judge under a State of these characteristics, for this, the law and national and international jurisprudence will be analyzed and contrasted with the constitutional mission of administering justice and demonstrating that such a sanction in certain cases, can be contradictory and affect the work of the judge as well as the Constitutional State. In addition, the 2019 data of the Judicial Observatory Ecuador in order to demonstrate that the dismissals for this figure are quantifiable in Ecuador.