Abuso y desnaturalización de las garantías jurisdiccionales en el Ecuador : ¿Cuál es el rol que deben asumir los jueces, profesionales del derecho, ciudadanos, para evitar su abuso y desnaturalización de las garantías jurisdiccionales?

Abstract

The current academic work objective is to raise the legal importance of jurisdictional warranties, to avoid their abuse and denaturation by judges, legal professionals, and citizens. We have been spectators in recent years of the abuse of resources, as well as jurisdictional warranties, but there are several questions or doubts here: How can we avoid the abuse and denaturalization of jurisdictional warranties?; Have the judges managed to fulfill their role as constitutional judges?; Why should ordinary judges be in charge of the entire task of constitutional interpretation?; Has the Constitutional Court complied to fulfill its role as guardian of the Constitution?; What is the role of citizenship?; Should legal professionals be penalized for the abuse of the right to jurisdictional warranties?; Is it necessary to reform the Organic Law of Jurisdictional Warranties and Constitutional Control to avoid its abuse and distortion?. But we really understand how jurisdictional warranties work in our country. The denaturalization of jurisdictional warranties transgresses legal security. Therefore, legal safety is affected when constitutional judges resolve the assigned processes without analyzing the possible facts that transgress constitutional rights. It is difficult to admit it, but constitutional ignorance is reflected in certain "constitutional" judges, the denaturalization of jurisdictional warranties, and abuse by plaintiffs and legal professionals. It is relevant to contribute through this academic work to the role of the judges, legal professionals, and citizens in this constitutional chess. In times of crisis, insecurity, corruption, and citizen mistrust, it is important that all the powers of the State, and especially the judiciary, fulfill the role assigned to them. Both judges, legal professionals, and citizens need justice that is specialized in constitutional matters, and that the Constitutional Court have a radical and punitive position with the behavior that reflects the judges of an ordinary instance with the denaturalization of the warranties. Penalties for abuse of law and corruption must be established. This will not happen until the responsibilities of protagonists and lawyers are established for transgress the rights of jurisdictional warranties. The role that the judge, legal professionals, and citizens must assume is very important to avoid the transgression of rights and denaturalization of the warranties.