Analysis of the cassation process in the Ecuadorian context

Abstract

The criminal cassation process in Ecuador has played a fundamental role in correcting judicial errors and protecting fundamental rights, although it has faced various challenges that have affected its effectiveness and coherence within the judicial system. Hence, this research has been aimed at analyzing the cassation process, identifying the challenges and opportunities to improve legal activity, transparency and coherence. In order to guarantee the correct application of the law and the protection of fundamental rights within the judicial system. To this end, a qualitative and quantitative approach has been adopted, combining the analysis of jurisprudence and data obtained through surveys of legal professionals, seeking to examine the factors that limit the effectiveness of the cassation process. The results have shown that the lack of uniform criteria and the overload of work in the National Court of Justice have affected the transparency and efficiency of the process. Likewise, insufficient human and financial resources have contributed to delays in the resolution of cases, thus compromising timely access to justice. It has been concluded that institutional strengthening, the adoption of clear criteria for the admissibility of resources and an adequate allocation of resources are essential measures to optimize the process, by consolidating public confidence in the Ecuadorian judicial system.