Prevaricate: theoretical considerations on its applicability, by the judge, within substancing and termination of jurisdictional guarantees constitutional control

Abstract

Judges of the Constitutional Court may not be subject to pre-procedural and criminal procedural actions for the content of their resolutions or rulings, issued in the exercise of their office. The crime of prevarication establishes that the administrators of justice must follow the judicial precedent of the high courts. In such a way that the persons in charge of sentencing and applying the law, by unjustifiably departing from the precedent, directly disregard the constitutional precepts of a general administrative act. This study was based on the sentence of the Constitutional Court of Ecuador, within the process of jurisdictional guarantees of constitutional rights of extraordinary action of protection No. 0635-11-EP, sentence No. 141-18-SEO-CC, known by the public opinion as the Cervecería Nacional case, on labor rights; to argue and declare that judges, in the substantiation and/or resolution of a jurisdictional guarantee of constitutional control could not prevaricate in any case. The methodology was framed within the propositional critical paradigm. The type of research used is documentary, at a descriptive level, since the situation was analyzed and described from a theoretical approach, based on a bibliographic design, a systematic review of printed materials, through various techniques such as files, underlining, internet. In conclusion, there are legal bases and regulations to sanction any administrator of justice for any action that is outside the parameters of the law.