Aspectos procesales del enjuiciamiento político en la legislación ecuatoriana.

Abstract

This research work aims to study the procedural aspects of political prosecution in Ecuadorian legislation. To this end, a doctrinal and legal regulation review is carried out based on the Ecuadorian Constitution, which enshrines the legal figure of impeachment, and the examination of the Organic Law of the Legislative Function that provides the procedure to prosecute the president or vice president of the nation and other officials subject to political control. Likewise, other supplementary regulations that contain elements applicable to the institution studied are studied. This work is supported by a qualitative research methodology of descriptive scope developed from the application of the normative documentary technique and methods such as the logical historical, systematic inductive, among others. To achieve the results, three impeachment cases developed in the country in the period 2021-2022 were studied. Among the main findings are the identification of procedural difficulties related to the need to regulate the figure of withdrawal, the definition of the terms and clear periods applicable within the process, and the causes and details related to its suspension and interruption. Also, problems of legal insecurity that lead to voting by political interests, as well as the existence of regulatory dispersion, among others. It concludes with a proposal of the procedural aspects that must be subject to reform in the LOFL to ensure the effectiveness of the impeachment.