Efectos jurídicos del abandono del proceso, previsto en el Código Orgánico General de Procesos; Art. 249

Abstract

The research work contains in each of its chapters critical analyzes of the process abandonment figure within our Ecuadorian legislation, since for this it starts from the definition and distinction of basic concepts that are firmly related to this practical question of procedure. Both the definition of process, abandonment and similarities of these terms are the basis for understanding the figure of abandonment, since this allows us to glimpse the intention and purpose of this institution within our legal system. Being thus in process is composed of procedural legal acts, the declaration of abandonment of the process becomes an act more within a process, which must exist so that this declaration can be given. The COGEP has foreseen that the deadline for this declaration has been eighty days, which has not been given the continuation of it, trying to become a penalty to procedural negligence, without precaution the integrity and violation of the rights of the procedural parties. The source in this applies to all processes in general and their unequivocal claim to processes that are of interest to children, the stage of implementation and issues related to the State. The omission to the analysis of basic concepts made serious errors in this new normative body, as not to differentiate the pretension of the action, since the very objective of abandoning the process seeks to sanction the bad practices but not to restrict the procedural rights, It is possible to say that A process declared in default, does not extinguish, or should not at least eliminate the right or claim sought. Comparative legislation only allows us to see how our own has made serious mistakes, Colombian legislation is a system in which this figure has been perfectly regulated without neglecting respect for procedural rights, such as diligent application of due process and judicial protection Effective.