La indeterminación de la especialización del juicio político sobre la base de sus sujetos pasivos, niveles y competencias. - Una propuesta normativa para la creación de procesos independientes.

Abstract

The indetermination of the specialization of impeachment based on the different public officials and their competences has caused a distortion in the conceptualization of this legal institution and in the applicability,turning it into an arbitrary procedure of political pressure and far from a mechanism of political control and oversight. The legal problem arises from a legal vacuum and a normative dispersion in the Ecuadorian legislation due to a pragmatic omission of the legislator. This problem has been evidenced by the increase in the number of political trial procedures and their failures in practice in the last three legislative periods. This degree work proposes as a solution a partial reform to the Constitution of Ecuador and a reform to the Organic Law of the Legislative Function to specialize the procedure based on the passive subjects, levels and competences and to guarantee a due process in the impeachment trial.