Analysis for the understanding of the legal process of abandonment of cases typified in the general organic code of processes

Abstract:

At present in Ecuador there is a problem related to the time for presenting a case and its abandonment due to lack of appearance. This situation violates the constitutional principles set forth in relation to this issue. The contrast between the legislation that often leaves a person who has initiated a case without weapons of defense and who, for various reasons beyond his control, was unable to appear or give prior notice to his lawyer, is misunderstood by judges who order abandonment immediately, because this is established by law. Therefore, as a way of mitigating the problem presented, the following document is presented. Its main objective is to achieve an understanding of the legal provisions on abandonment of cases due to failure to appear at hearings and its typified effects. Therefore, we are working under the hypothesis that, if the correct understanding and comprehension of what is typified for the abandonment of cases due to non-appearance is achieved, the commission of contraventions against the constitutional principles of effective judicial protection, legal security, equality, and the right to access to justice will be avoided. Concept maps will be used as a tool for knowledge management.

Año de publicación:

2021

Keywords:

• Concept Maps
• Appearance
• Rights
• PROCESS
• abandonment

Fuente:

scopus