La aplicación de la resolución 124-2022 emitida por el pleno del Consejo de la Judicatura.

Abstract

The general objective of this study is to analyze the application of resolution 124-2022, in relation to the application of due process rules, as well as the problems that this resolution entails with the projected number of judges to hear cases, propose alternatives to avoid affecting the principle of legal certainty with a reform to the resolution. The methodology that was carried out within the present investigation, was supported by the qualitative approach because it had the objective of analyzing specific cases where the aforementioned resolution was applied, which evidenced a violation of due process, as a guarantee of the materialization of the justice in any process and is constituted by a number of principles that have as their object a fair trial, since the Organic Code of the Judicial Function clearly indicates that the competence of the judge in a case arises from the drawing of the corresponding law and not by budget of judges, so it is necessary to determine the powers where administrative resolutions must be issued in accordance with the law, since it implies that judges, when substantiating a process, their actions must be attached to what is established in the legal system, otherwise they can be object of nullity at the request of the parties. The investigation concluded by pointing out that the public is unaware of the error that it presents in the application of this resolution and seriously affects the substantiation of the ca