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DISCIPLINARY PROCEEDINGS AGAINST JUDICIAL SERVANTS: VIOLATION OF CONSTITUTIONAL RIGHTS. ECUADOR STUDIOS CASE

Abstract:

The Constitution of Ecuador of 2008 is the solemn text built in which a series of principles, rights and obligations are included. Through the Constitution, the excessive powers of the State are limited with the establishment of functions. The problematic situation of the present investigation lies in the violation of the rights of the judicial servants in disciplinary proceedings, since the absence of a hearing held before the substantiating authority of the disciplinary procedure prevents the summary from exercising their right to defense optimally, while the opportunity to be heard at the right time and under equal conditions is restricted, violating the provisions of the Constitution of Ecuador. The Disciplinary Regulation of the Council of the Judiciary establishes the procedure for substantiation of the disciplinary summary of judicial servants. However, in none of its parts is the possibility of going before the substantiating authority of the procedure in an oral hearing in which one can have the opportunity to be heard and expose the necessary allegations, on the contrary, the procedure is of a written nature. In its whole. An entirely written procedural model today is regressive and violates rights because it must be considered that the Constitution of Ecuador has clearly established an oral procedural system.