Importancia de implementar jueces especializados en materia constitucional para conocer las garantías jurisdiccionales en el Ecuador.

Abstract

At present, the Constitution of Ecuador indicates the Ecuadorian State as a constitutional state of rights and justice, therefore, it is imperative that constitutional rights be effectively protected in favor of citizens with the purpose that constitutional rights are fully respected. and guaranteed. For this reason, jurisdictional guarantees have been enshrined in the Organic Law of Jurisdictional Guarantees and Constitutional Control as a tool to guarantee rights, and, by virtue of that, it is necessary that there are specialized judges in constitutional matters. I believe that within the constitutional justice system, there are shortcomings when substantiating jurisdictional guarantees, because the first instance and appeal judges, who hear jurisdictional actions, do not have sufficient knowledge or are specialized in constitutional matters since, they are aware of other matters on a daily basis such as labor, criminal, civil, etc... and only in exceptional cases are they aware of jurisdictional actions. Within the present work we are going to develop several shortcomings of the judges in relation to the lack of uniformity of their decisions, the lack of uniformity in the interpretation of the criteria issued by the Constitutional Court applicable in the constitutional field, the lack of knowledge of the management of the procedures of jurisdictional guarantees and the principles applicable to the constitutional field.