Análisis de los parámetros de la cuantificación por daño moral dentro del caso 01333-2019-05866 seguido por Esteban Bernal contra Sebastián Cevallos y Francisco Andrade, en Cuenca en el año 2019

Abstract

The present investigation carries out an analysis linked to the moral damage suffered by citizen Esteban Bernal, as a result of a set of accusations that were made against him in the middle of his electoral campaign for the prefecture of Azuay, in this sense the person affected in the first place He attempted a lawsuit before the Civil Judicial Unit of Cuenca, in which it was decided to declare the lawsuit presented by the plaintiff inadmissible, based on the criterion that as a public person as a politician and as a candidate for a popularly elected position, he was exposed to scrutiny. The public and all the people who find themselves in this situation must be tolerant of criticism because that is part of the political dynamic and accountability to citizens. In the same sense, the investigation carried out a deep analysis of the appeal made by the defendant before the Provincial Court of Azuay in which the moral damage affected to the plaintiff was taken into consideration, as well as an economic estimate was established under the principle of proportionality, in such a way that it did not financially affect the person responsible but that it also benefited the defendant who had been the object of moral damage.