Prevaricate: theoretical considerations on its applicability,by the judge,within substancing and termination of jurisdictional guarantees constitutional control
Journal Title: Prohominum - Year 2021, Vol 3, Issue 3
Abstract
The judges of the Constitutional Court may not be subject to pre-trial actions.procedural and criminal proceedings for the content of their resolutions or rulings,consigned in the exercise of theposition. The crime of prevaricato establishes that administrators of justice must follow the judicial precedent of high cuts. In such Way,That the persons in charge of sentencing and applying the law, by unjustifiably departing from the precedent, directly ignore the constitutional precepts of an administrative act of a general nature.This study was based on the ruling of the Constitutional Court of Ecuador,within the process of jurisdictional guarantees of constitutional rightsof extraordinary protection action No. 0635-11-EP, judgment No. 141-18-SEO-CC, known to public opinion as the Cervecería Nacional case, on labor rights; to argue and declare that the judges, in the substantiation and / or resolution of a jurisdictional control guarantees constitutional could not prevaricate in any case. The methodology is framed within the propositional critical paradigm. The type of research used is the documentary, descriptive level, since it was analyzed and described the situation from a theoretical approach, based on a design of bibliographic character, of a systematic review of printed materials, to through various techniques such as transfers, underlining, the internet. In conclusion, There are the bases and legal regulations to sanction any administrator of justice for any action that is outside the parameters of the law
Authors and Affiliations
Andrés Salustio Vera Pinto
Keywords
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- EP ID EP707856
- DOI 10.47606/ACVEN/PH0063
- Views 51
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