LA FUNCIÓN JUDICIAL EN EL ECUADOR LA CORTE NACIONAL DE JUSTICIA

Abstract

This written talks about The National Court of Justice in Ecuador, it´s necessary in first place to realize an analysis of the history behind it, taking as references the Constitutions of our Republic and the laws that have governed the organization of the judiciary in Ecuador from 1830 to 2014, so later we can compare from the legal point of view, the changes in the powers which by law exerts in the most important Court of Ordinary Justice in our country, that exerted the functions of Third tribal Instance until 1993 to become a Court of Cassation, that mandated by law, could send failures of triple iteration of obligatory fulfillment for the judges of instance, with effect erga homes. The purpose of this study is to establish the functions in accordance with the provisions of the Constitution and the Organic Code of the Judiciary, exercised by the National Court of Justice today to finally know the importance of the work that, through the decisions, the National Court of Justice has in the Ecuadorian legal system. The methodology applied in the present investigation is scientific, the information available is the one been compiled (Constitutions, Organic Laws, and the Decisions of the Court), chronologically order and analyze the information so we can point out the importance of the precedents issued by the former Supreme Court, actual National Court, what must be known by the Ecuadorian Forum for being binding on the interpretation and application of the laws by the Judges of instance and the incompliance is one of the causes of the resource of cassation