El delito de prevaricato y su incidencia en las garantías jurisdiccionales : análisis normativo y jurisprudencial en el Ecuador.

Abstract

The object of study of this essay is the jurisdictional guarantees recognized in the 2008 Constitution enacted by the Constituent Assembly of Montecristi–Manabí, conceived as mechanisms for the protection of fundamental rights. These guarantees include the action for protection, precautionary measures, habeas corpus, and habeas data, whose implementation and operation are directly related to judicial performance. Accordingly, the field of study of this essay is the crime of prevarication (judicial malfeasance), and its objective is to determine how its existence within the national legal system (law and jurisprudence) affects the exercise of jurisdictional guarantees. This is approached through a normative, dogmatic, and jurisprudential analysis focused on two opposing judicial perspectives: Judgment No. 141-18-SEP-CC (2018), which excluded the conduct of constitutional judges from the scope of the crime of prevarication, and Judgment No. 2231-22-JP/23 (2023), which reinstated it into the catalog of crimes, analyzed in light of a practical case of national interest concerning the violation of rights committed by the Deposit Guarantee Agency and the involvement of the United Nations Human Rights Committee. The essay concludes that it is necessary to define the limits of judicial criminal liability without undermining effective judicial protection, access to justice, or judicial independence.