Contests to Become a Notary in Ecuador: Influence of Institutional Corruption in this Process

Abstract

The study examines how the institutional corruption supposedly present in the Judiciary Council influences the process that corresponds to the merit and opposition contests to access notaries in Ecuador. The general objective was to demonstrate how the institutional corruption existing in Ecuador, present in the Judiciary Council, influences the election of notaries and the granting of positions. A qualitative approach is adopted based on synthetic, exegetical and inductive analytical methods, through the analysis of the Constitution, the Notarial Law, resolutions of the Judiciary Council, reports of the Comptroller's Office, the Organic Code of the Judicial Function, sentences and recent journalistic reports. The results show repeated irregularities in the 2012, 2014 and 2016 competitions, with changes to the regulations in the middle of the call, discretionary reclassification of scores, unjustified collection of fees and assignments that do not respect the order of priority, complaints of charges for notarial appointments and links between authorities of the Judiciary Council and organized crime networks are also identified. These findings allow us to maintain that the meritocratic design provided for in the regulations is seen weakened by administrative decisions and illicit conduct that affect the transparency of the notarial system and citizen confidence in justice.