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Analysis of the abandonment of cases and its legal effects, from the perspective of comparative law, with the use of diffuse cognitive maps

Abstract:

The research work intends to evidence, from comparative law, the legal effects of the declaration of abandonment of cases and its relation with the constitutional right of access to justice and legal security, through expert opinion. For this study we have used the method known as Fuzzy Cognitive Maps, which are graphs directed to represent relationships between concepts. This first phase classifies each variable studied according to its influence on the others in terms of transmitting (it does not depend on another and the others depend on it), receiving (it depends on others and none depends on it), ordinary (it is both dependent on others and others depend on it). In the second phase, the Neutrosophical AHP is applied to evaluate the situation of Ecuador in this aspect. The Neutrosophical AHP consists of the as-signment of a score to alternatives through the evaluation by experts in criteria and sub-criteria, where the comparison is made by pairs on the importance of one criterion over another. The use of neutral sets has the advantage that it includes indetermination and calculation with linguistic terms. The neutral AHP provides weights to each criterion to evaluate the overall situation of the untimely dismissal, which are used to obtain a final value once the experts perform the evaluations.