La competencia de los jueces ordinarios para conocer la acción de protección y su incidencia con el principio de especialidad del juez

Abstract

In this academic work was determined that the jurisdiction of first instance ordinary judges to hear an “acción de protección” has incidence with the principle of speciality of the judge, a principle that demands first instance ordinary judges specialized in constitutional law. In summary, an analysis very close to the Ecuadorian reality of the legal doctrine of constitutional justice was made; also with a diachronic historical analysis of the “ considered the antecedent of the “acción de protección”. Subsequently, criteria of jurists who were in favor of the creation of constitutional judiciary with exclusive jurisdiction were set forth, on the basis that the Constitution and the law only establish jurisdiction by reason of territory for the jurisdictional guarantees (acción de protección). In the same way, it was determined that Ecuador raised to principle the doctrine (general theory of the process) of dividing the jurisdiction by reason of the matter ( and in accordance with the principle of specialty of the judge, there should be first instance constitutional judges to hear the “acción de protección”, and other jurisdictional guarantees that are not within the juri sdiction of the Constitutional Court of Ecuador.