La oralidad como garantía del debido proceso, en los procedimientos disciplinarios de la Judicatura.

Abstract

The research developed in this article, in a critique of the absence of oral proceedings in disciplinary proceedings initiated against public servants of the judiciary, analyzed the implications or effects that arise when oral proceedings are not applied in a disciplinary procedure of relevant importance for those under investigation. The absence of a hearing in certain disciplinary proceedings also reflects the violation of the principle of equality, among the same public servants, because certain proceedings are allowed to have hearings and others are not. The study presents how the consolidation of a written model affects basic principles of due process, in particular immediacy, contradiction and procedural speed. The exercise of this research has been carried out using a qualitative methodology that consists of doctrinally, normatively and jurisprudentially analyzing oral proceedings as a procedural guarantee in the disciplinary order. This type of analysis includes the review of specific situations that show the limitations of the current system and how it affects the disciplinary judicial field. According to the presentation of the results, there are some breaches of principles that should govern the internal processes of the administration of justice, such as the recognition and respect of orality and the principle of due process, which causes delays that are not justified. Likewise, the text supports the proposal to reform the Organic Code of the Judicial Function that establishes the obligation of hearings in all disciplinary infractions, which must be accompanied by regulated guidelines and monitoring tools that make their application effective. This proposal aims to ensure that there is a due administrative process that responds to these Constitutional guarantees, which allow the effective protection of the rights of people subject to these proceedings, and above all, to strengthen procedural guarantees and modernize the Ecuadorian judicial disciplinary system.