Browsing by Author "Jara León, José Ricardo"

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    La doble jurisdicción y competencia de los jueces penales como jueces de garantías penitenciarias y los derechos de las personas privadas de libertad
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-09) Jara León, José Ricardo; Tite, Segundo Ramiro
    The issuance of the 2008 Constitution allowed Ecuador to undergo several transformations regarding an expansion of the catalog of rights and the conception of a Social State of Rights and Justice. Thus, disrupting the administration of justice and the role of the Judge, who enters the sphere of guarantee and protection of the rights of the individual. The Ecuadorian legal system complies with international standards in penitentiary matters, instituting judges for penitentiary guarantees. So, executing the sentence protects the rights of persons deprived of liberty, as a contribution to a specialized judicial system, making a distinction with the criminal guarantees judges who are responsible for knowing and punishing the typical and unlawful behavior of individuals. The regulations and their evolution project a State that guarantees rights. However, in practice, the Judicial Council, under the pretext of criminal efficiency and optimization of resources, never appointed these judges and issued Administrative Resolution No. 018 - 2014, which extended this competence and functions to criminal guarantees judges. This affected legal certainty, the principle of legality and specialty that underpins the jurisdiction and competence of justice operators, and limited the right to effective judicial protection of persons deprived of liberty. In other words, an administrative act tacitly acquires the rank of the organic law, which is not empowered by the legal reserve principle. The research used a qualitative-quantitative methodology, using the interview and survey to determine the criteria of the population of Judges, prosecutors, public defenders, and lawyers in free practice in the city of Riobamba. The results determined a violation of the rights of persons deprived of liberty and a legal contradiction with the functions that the Judge of criminal guarantees must fulfill, consistent with his strictly tutelary role as Judge of penitentiary guarantees.