El prevaricato en la justicia constitucional

Abstract

This research is born from the integration of two specific variables that structure the subject, as a whole, establishing itself as: "THE PREVARICATE IN CONSTITUTIONAL JUSTICE", the problematic axis in a succinct way, it follows that from the analysis of the Constitution in relation to the Organic Law of Jurisdictional Guarantees (LOGJCC), Art. 431 and Art. 186.2 there is an almost literal reproduction of what the supreme rule establishes, with the difference that an exception is increased in the LOGJCC established as follows; "Except in what has to do with the opinions, decisions and votes cast in the exercise of their position, in which case, they will not be subject to criminal responsibility." Which denotes a clear breach of the supreme rule in relation 􀁗􀁒􀀃􀀤􀁕􀁗􀀑􀀗􀀕􀀗􀀏􀀃􀂳􀀷􀁋􀁈􀀃􀀦􀁒􀁑􀁖􀁗􀁌􀁗􀁘􀁗􀁌􀁒􀁑􀀃􀁌􀁖􀀃􀁗􀁋􀁈􀀃􀁖􀁘􀁓􀁕􀁈􀁐􀁈􀀃􀁕􀁘􀁏􀁈􀀃􀁄􀁑􀁇􀀃􀁓􀁕􀁈􀁙􀁄􀁌􀁏􀁖􀀃􀁒􀁙􀁈􀁕􀀃􀁄􀁑􀁜􀀃􀁒􀁗􀁋􀁈􀁕􀀃􀁌􀁑􀀃 the legal system. The norms and acts of the public power must maintain conformity with the 􀁆􀁒􀁑􀁖􀁗􀁌􀁗􀁘􀁗􀁌􀁒􀁑􀁄􀁏􀀃􀁓􀁕􀁒􀁙􀁌􀁖􀁌􀁒􀁑􀁖􀀞􀀃􀁒􀁗􀁋􀁈􀁕􀁚􀁌􀁖􀁈􀀃􀁗􀁋􀁈􀁜􀀃􀁚􀁌􀁏􀁏􀀃􀁏􀁄􀁆􀁎􀀃􀁏􀁈􀁊􀁄􀁏􀀃􀁈􀁉􀁉􀁈􀁆􀁗􀁌􀁙􀁈􀁑􀁈􀁖􀁖􀂴􀀑 In chapter I of the investigation, the doctrinal antecedents and the problematic reality of the project are presented in the introduction section, and then in the justification section, it is raised why the investigation has been developed and carried out. In chapter II, the state of the art of research has been established, that is, previous research, in relation to the variables proposed in the structuring of the subject, then they are developed under doctrinal aspects of different authors who validate the research, regarding of the principles and rights that could be violated in the problematic investigative context. In chapter iii, the methodological foundation of the research is developed, the basis being the application, qualitative - quantitative, for which the documentary and bibliographic analysis of the doctrine is taken to establish a questionnaire submitted to an expert judgment, so that their perspectives are transformed to percentages that can give us a general conception of the problematic reality presented Chapter IV develops the conclusions and recommendations, which have been obtained by the bibliographic doctrinal study and the application of the surveys