La Independencia Judicial de los jueces : análisis de la sentencia Nro. 3-19-CN/20 de la Corte Constitucional del Ecuador.

Abstract

The Constitution of the Republic of Ecuador states that "Every person has the right, under conditions of full equality, to be heard publicly and fairly by an independent and impartial court"; (EC 2008, art. 10), since judicial independence is the constitutional basis on which a democratic State, of rights and justice is based. To speak of judicial independence is to speak of an impartial judicial ruling handed down by a jurist magistrate who knows the law and the laws that govern the country. In an important call to strengthen judicial independence and within the scope of its powers, the Constitutional Court of Ecuador as the highest organ of constitutional interpretation dictates the constitutional sentence No. 3-19-CN / 20 in support of the judicial independence of judges and of their sovereign and impartial deliberation. Constitutional ruling No. 3-19-CN / 20 seeks to make sanctioning processes transparent so that the judgments of the administrators of justice do not become processes disguised as jurisdictional reviews. The methodology used in this case study was qualitative in nature at the time of carrying out the analysis of the norms related to judicial independence and the specific case. The novelty of the constitutional sentence No. 3-19-CN / 20 establishes that prior to a sanctioning process for fraud, manifest negligence or inexcusable error by a judge, a jurisdictional declaration by an appeal judge is required.