Judicial misconduct and corresponding damages

Abstract

The administration of justice constitutes a public service, and the judge is the State agent entrusted with ensuring its proper performance. The inadequate provision of this service, resulting from negligence, disregard, failure to render a decision or an inexcusable defect, cannot be confused with the freedom to assess the merits of a case. Although the Public Prosecution Service has the power to bring criminal actions, its conduct must remain subject to judicial control, and the defense must be effective, with the judge responsible for safeguarding due process of law. Where a failure in the judicial service is established, the State must compensate the injured party for material and moral damages, without prejudice to recourse where the agent acted intentionally or negligently.