La vulneración del derecho a la defensa y del debido proceso en los sumarios administrativos, dentro del régimen de control disciplinario del Consejo de la Judicatura.

Abstract

This research analyzes the violation of the right to defense and due process within the administrative disciplinary proceedings carried out by the Council of the Judiciary. The main objective is to determine how the application of disciplinary powers sometimes prioritizes procedural speed and sanctioning authority over the fundamental guarantees of judicial officers. Using a qualitative approach and the analytical-synthetic method, current regulations and Constitutional Court jurisprudence are examined, identifying common shortcomings such as the lack of motivation in administrative acts, limitations in the presentation of evidence, and ambiguity in the classification of infractions. The findings suggest that these omissions not only affect the job stability of the public servant but also weaken the legal certainty of the judicial system. It is concluded that it is imperative to reform internal protocols to ensure that the disciplinary regime maintains strict coherence with Article 76 of the Constitution.