The need for specialized constitutional judges to know and resolve jurisdictional guarantees in Ecuador

Abstract

The simple change of denomination for justice administrators, who upon knowledge of jurisdictional guarantees become constitutional judges, has been a complete mistake in Ecuador. The objective is to promote the principle of specialty in constitutional matters, both for justice administrators and for legal professionals in general. The research had a qualitative approach based on the theoretical foundation, with a descriptive explanatory scope for which methods such as inductive-deductive, historical-logical, analytical-synthetic, and comparative law were applied. It was established as a result that the lack of judges duly specialized in constitutional matters violates the rights to legal security, effective judicial protection, and due process. As a contribution, the urgent need was established to forge a reform to the organic code of the judicial function in the future that empowers the Council of the Judiciary to create specialized district units for knowledge of jurisdictional guarantees, with the selection and appointment of judges and constitutional judges duly specialized to deal exclusively with concussion cases.