La responsabilidad extracontractual del Estado en la administración de justicia: Análisis de las causas establecidas en el Artículo 11.9 de la Constitución de la República del Ecuador de 2008

Abstract

This research project analyzes the figure of the non-contractual liability of the state starting from a deepening of the term responsibility, the different types of responsibility and the historical evolution at the global and local level, identifying the Ecuadorian constitutions in which the responsibility of the state is formalized and in which there were changes. Thus, the study of this figure focuses on the analysis of the five causes for which the state is responsible in the judicial sphere for actions or omissions that cause damage to the administered, which are established in Article 11, paragraph 9 of the Constitution of the Republic of Ecuador of 2008. These grounds are arbitrary detention, miscarriage of justice, unjustified delay, violation of the right to effective judicial protection, and violations of the principles and rules of due process. This research concludes with the jurisprudential analysis of judgments issued by the Constitutional Court of Ecuador in which conflicts are resolved on the grounds of non-contractual liability of the state.