Regresar

La acción de nulidad de sentencias prevista en el segundo inciso del Nral. 4 del Art. 112 del Código Orgánico General de Procesos, vulnera el principio constitucional de tutela judicial efectiva.

Abstract:

The State, his delegatarios, concessionaires and every person who acts in exercise of a public legal authority, will be forced to repair the violations to the rights of the individuals by the lack or deficiency in the presentation of the public services, or by the actions or omissions of his civil servants and civil servants, and employees and civil servants in the performance of his charges. The Organic General Code of Processes that has been published, in the Art. 112 it allows the action of nullity of judgments ejecutoriadas, nevertheless, in the final part contemplates: " … The presentation of the demand of nullity does not prevent that it is continued by the execution … " is to say, there limits itself the judicial effective guardianship for that a person looks, for example, let's suppose that what it wants to avoid a person is the inscription of a judgment of acquisitive prescription of domain, since, it was not demanded against the legitimate owner and therefore, it loses his property, then one presents the demand of nullity of judgment, nevertheless, the judgment would be executed and the same one would register in the Record of the Property, obviously that limits itself the right of the appellant to obtain of the Judge or Judge, the nullity of the judgment. Therefore, by means of this investigation I try to analyze the nullity of judgments, the reasons of incurable nullity of these and to be able to determine that not to suspend the execution of the same ones, he carries a violation of rights guaranteed in the Constitution, since it is, the right to the judicial effective guardianship.