Aplicación de la tutela efectiva y el principio de imparcialidad en procesos político.

Abstract

In constitutionalism, fundamental rights extend beyond the legislator's perception when it comes to establishing the legal requirements for their protection. The Political Constitution of Ecuador follows the same guarantee-based trend, with the purpose of not limiting their protection to static legal parameters, but urges the state representatives to seek dynamic mechanisms that allow the comprehensive protection of fundamental rights. To that effect, the present work seeks to examine and question the parameters of measurement in the interpretation of the right to effective protection and the principle of impartiality in the case of study, for which the constitutional, legal and doctrinal context will be analyzed to serve as a reference to support the questions raised. This specific case refers to the dismissal process followed against the former Mayor of Quito Jorge Yunda, which originated as a result of a process of political oversight and control carried out by councilors of that city. In response to his dismissal, the affected party filed an action for protection under No. 17576-2021- 01738G, alleging, among other things, that his right to defense had been violated, due to the fact that persons biased in favor of his removal intervened in his trial. The Metropolitan Council of Quito filed an extraordinary action for protection that was accepted by the Constitutional Court. With this background, we will proceed to deepen the parameters of analysis of the Constitutional Court that served as support to leave without effect the referred sentences, establishing new optics that lead us to question whether the guidelines established by the Court were sufficient.