ERROR INEXCUSABLE: PASADO Y PRESENTE DE ESTA CONTROVERSIAL FIGURA JURÍDICA

Abstract

The purpose of this study is to learn about the legal figure of inexcusable error, before and after Sentence No. 3-19-CN / 20, issued by the Constitutional Court, in mid-2020; its definitions, interpretations and the procedure for applying the dismissal of judges, in the case of incurring in this offense, by the Council of the Judiciary as the body in charge of disciplinary control of the Judicial Branch, as authorized by the Constitution. We will treat the principle of judicial independence as a guarantee of transparent judicial processes, free from interference that seek to control the judicial power at convenience or interest; A principle that not only seeks to ensure that there is a correct administration of justice, but also to enforce the principle of separation of powers. In addition, responsibility will be mentioned, in the actions of the judges, as a limit to this principle, so that it is not considered as a privilege. Finally, an analysis will be carried out on the facts and resolutions of the Constitutional Court, in the aforementioned sentence. The importance of the jurisdictional declaration prior to the beginning of the administrative summary process by the Judicial Council to sanction a Judge for the infraction due to inexcusable error; and, if this limits disciplinary control and in turn guarantees a correct application of the principle of judicial independence.