La remoción del notario por haber sido llamado a juicio penal.

Abstract

Throughout the exposition of this paper will be shown an analysis of the rules that regulate the remotion of the notary as a server of the Judicial Function if this one has been called to a trial for having been involved in felonies that are typified on the Penal Code and are punishable with imprisonment or seclusion in accordance with the article 77 numeral 3 and also with the article 122 numeral 1 of the Judicial Function Organic Code. In the first part of this investigation will be shown the legal nature of the remotion and the process that the Judiciary Council follows to remove a notary that has been called to a trial. On the other hand, the second part will be focused on presenting an analysis of a protective action that was presented against the General Director of the Judiciary Council for having carried out the removal of a notary on 2020 violating her right to the presumption of innocence. The main objective of this analysis is to demonstrate that there is a normative conflict between the rules that regulate the remotion that are below the Constitution and the rule that establish the right to the presumption of innocence as a basic guarantee of the due process that is on the article 76 numeral 2 of the Constitution; just in order to determine the unconstitutionality of the numeral 3 from the article 77 of the Judicial Function Organic Code.