Las costas procesales en el Código Orgánico General de Procesos: análisis crítico y aplicación práctica por parte de los jueces de la provincia del Azuay

Abstract

The study of the scope of the court costs is of immense importance in the paxis of any legal system, especially in those (which, like ours) unfold within a Constitutional State of Rights and Justice. The importance of its study should be understood in a two-dimensional manner: On one hand, the study of cases where a person has been prosecuted abusively, maliciously, recklessly or with disloyalty and on the other hand, the analysis of the legal consequence when a person has been forced to prosecute another for what is legitimate theirs. In any of the aforementioned circumstances, it is undeniable that the role of the judge is to recognize whether the actions of the parties fit to those provided by the Constitution and the law, and then declare it in a sentence with due and complete motivation. In this Thesis work it is demonstrated in an analytical and critical way if the Judges of the Province of Azuay comply with the powers and obligations imposed by the law regarding the scope of the court costs, as well as verifying which are the most common errors or omissions of the judges and how these errors harm the parties, to finally determine if the legal figure of the court costs deserves an update.