Necesidad de una reforma legal que cree unidades judiciales especializadas en materia constitucional.

Abstract

This work seeks to demonstrate the need for a legal reform that creates Judicial Units specialized in constitutional matters for the recognition of jurisdictional guarantees. Ecuador, with the Constitution of 2008, was proclaimed as a State of Rights, which introduced our legal system to the wave of Latin American neoconstitutionalism, meaning that it is one of the most essential duties of the State to satisfy, protect and guarantee the rights of the Ecuadorians. However, when proposing the defense mechanisms of the rights (jurisdictional guarantees), the legislator mistakenly granted the competence of the same to the ordinary Judges, instead of creating a Judicial Unit with constitutional Judges who have the knowledge and training to solve these guarantees in an effective and timely manner. For this reason, it is the duty of this researcher to present the current legal situation in Ecuador and then determine, through jurisprudence, statistics, and surveys, whether or not the actual system is optimal, and in such a circumstance, whether or not legal reform is necessary to create constitutional Judicial Units, and if necessary, what articles should be subject to reform and how this new body of justice will be constituted and managed.