La prenvención y erradicación de la violencia contra las mujeres y la vulneración del debido proceso legal, en la garantia a ser juzgado por un juez competente e imparcial

Abstract

In this paper we will study how with the coming into force of the new Law to Prevent and Eradicate Violence Against Woman, in advance LOIPEVCM, constitutional guarantees of great importance are violated, such as being judged by a Judge who is competent, impartial and specialized inside family violence subjet. Competent judge, is one who acts by legal mandate, because the competence is born from the law, with what justice administrators are enabled to act in specific cases. COFJ (2009) At present, negative conflicts of competence have been generated and continue to arise between Judges of Criminal Guarantees and Judges of Violence against Woman, since competition has not been fully established in the mentioned LOIPEVCM. Impartial Judge, because the Judge must decide in merit of what was done in the process, without favoring any parties COFJ (2009), the new law violates this guarantee by reforming both the Código Orgánico Integral Penal, in advance COIP and the Código Orgánico de la Función Judicial, in advance COFJ, in this sense the same Judges of Violence must be who know all the stages of the criminal process in femicide crimes and violence against woman and members of the family nucleus. Finally Specialized Judge, the one who acts by reason of the area of his competence. COFJ (2009), this a constitutional guarantee provided in art. 81 of the Constitution (2008) for the treatment of infractions, againt woman and members of the family nucleus, judges must be specialized people in order to know and resolve this type of infractions. With Resolution 11-18 of the National Court of Justice, once again attempted against this principle by removing the Violence Judges competence, so that they can not know the stage of judging the mentioned crimes. The lack of competent, impartial and specialized judges in matters of violence, violates constitutional guarantees and rights that assist both victims and defendants, therefore it needs a legal reform in the area of competence that logically will be stablished in a clear and precise manner to whom impartial and specialized judicial authority corresponds the knowledge of the infractions of violence against woman and members of the family nucleus.