El error judicial: la responsabilidad estatal y su reclamación ante el órgano jurisdiccional

Abstract

The judicial error can be found in full force in our Legal System, by following the guideline of a system of objective responsibility that the Federal State has with its administrator. This Legal Institution of remarkable transcendence and grandeur has the premise idea that nobody can achieve perfection; that means that all individuals are prone to commit mistakes. The same statement cannot be said of the Judges that in their noble, but complex role find themselves daily in the border line that separates what is just from what is unjust, and in many circumstances, what legal from what is not.

The idea of judicial error arise from by the development of this notion, which is not other than the constant inaccurate failure in a providence, dictated by an jurisdictional system, mistake that transforms it into unjust and inaccurate; in full disagreement of the active judicial system that causes a tremendous damage and might be originated by the sole responsibility of the Federal State. However, not every error is originated by the federal State Responsibility so there are certain aspects, as well as strict liabilities that limit this institution.

Under these postulates the need arises to fully upright capable and knowledgeable judges who know the causes under the most weighted criteria of justice and impartiality, and act within strict accordance to the existing law but above all to the Constitution and Human Rights.