Reforma al artículo 250 del código orgánico de la función judicial, en lo referente a los requisitos para ser jueza o juez de paz

Article 189 of the Constitution states that judges and magistrates decide in equity and have exclusive and compulsory jurisdiction those individual, community, neighborhood and contraventions conflicts that are under its jurisdiction, in accordance with the law. They also used mechanisms of conciliation, dialogue, mutual agreement and others practiced by the community to adopt resolutions that guarantee and respect the rights recognized by the Constitution. Also Article 247 of the Organic Code of the Judiciary, said that the justice of the peace is an instance of the administration of justice that meets with exclusive and compulsory jurisdiction individual, community, neighborhood or contraventions that are submitted to conflicts, seeking to promote free and voluntary agreement of the parties to resolve the conflict, using mechanisms of conciliation, dialogue, agreements and other friendly practiced by the community for its decisions. Article 250 of that code says: "the requirements to be a judge or justice of the peace are: 1. To be of age and be in enjoyment of the rights of political participation; 2. Have at least complete primary education; 3. Discuss the predominant languages in the parish; 4. Have permanent residence in the parish, community, neighborhood, precinct, annexed or neighborhood where they will hold office with a continuous residence not less than three years; and, 5. Enjoy the respect, consideration and support of the parish, community, neighborhood, precinct, annexed or neighborhood that will do the job. To be a judge or justice of the peace is not required to be a professional in law .... " It cited, we can realize that it is necessary to make a legal amendment to article 250 of the Code of Judicial Function, in relation to the requirements to be judge or justice of the peace, so it is essential that these judges are professionals Right besides having expertise in alternative methods of conflict resolution, given that the Justices are people with skills to solve in equity those individual, community, neighborhood and violations that occur in a community conflicts, and this way not to violate the rights of communities, peoples and nationalities.

• Main Author: Mendieta Mendieta, Celina Piedad (author)
• Format: bachelorThesis
• Language: spa
• Published: 2017
• Online Access: http://dspace.unl.edu.ec/jspui/handle/123456789/19087