Tutela judicial efectiva afectada por falta de jueces especializados en materia constitucional.

Abstract

Background: In the Ecuadorian legal context, effective judicial protection is a constitutional right that coexists in all cases; however, it is violated by the lack of specialization among constitutional judges. Objective: To analyze how the absence of judges specialized in constitutional matters affects the exercise of the right to effective judicial protection. Methodology: A qualitative and descriptive approach was used, based on the analysis of Constitutional Court rulings, with a focus on safeguarding effective judicial protection, to demonstrate the need for specialized judges and to weigh Resolution No. 006-2025 of the Judicial Council. Results: It was evident that Ecuador urgently needs specialized courts led by judges with integrity in constitutional matters, in order to prevent first instance decisions from being overturned on appeal, or, failing that, to prevent the Constitutional Court from being responsible for resolving constitutional issues that could be avoided if the judges who heard the case firsthand were trained, prepared, and specialized to resolve it. In addition, it was established that Resolution No. 006-2025 of the Judicial Council did not solve this problem. Conclusion: The study demonstrates that effective judicial protection is being violated due to the lack of judges specialized in constitutional matters, and that Resolution No. 006-2025 of the Judicial Council was unconstitutional.