Competencia en razón del territorio de los jueces que conocen garantías jurisdiccionales.

Abstract

Historically, the territorial jurisdiction of the judges is defined according to the domicile of the plaintiff. The present work entitled "Competence due to the territory of the judges who know jurisdictional guarantees", has as a general objective to analyze the jurisdiction due to the territory of the judges who know jurisdictional guarantees, since the same continues to be the subject of different interpretations, transcending even in cases of national relevance, in which it is identified how a judge distant or distant from the natural judge can resolve on the legal situation of an individual regarding constitutional rights. In the present investigation I have used the following methodology: As a scientific method with its variations of historical-legal, legal-doctrinal, legal-dogmatic systematization. As techniques, analysis of normative content, jurisprudential precedents, interviews and case studies have been used. The interviews have been carried out with three legal professionals who practice as judges. As a result, we have cases of jurisdictional guarantee procedures in which due process and legal security have been violated, in actions of judges due to jurisdiction based on the territory. However, there is public discussion or debate, understanding that rights cannot be restricted and that the interpretation of the norms on constitutional matters is flexible and not rigid and therefore the jurisdiction of the judges due to the territory must be broad in order to guarantee constitutional rights, however, the right to due process and the right to legal security of the other party must also be weighed, who also has the right to be tried before an impartial judge.