Abstract

DURAN CHAVEZ, Carlos Eduardo  and  HENRIQUEZ JIMENEZ, Carlos Daniel. The principle of impartiality as a basis for the judge's actions and its relationship with due process. RCUISRAEL [online]. 2021, vol.8, n.3, pp.173-190.  Epub Dec 10, 2021. ISSN 2631-2786.  https://doi.org/10.35290/rcui.v8n3.2021.478.

This essay addresses the analysis of the principle of impartiality and its relationship with due process, as the basis of the Judge's actions, collected in various national and international legal instruments: the Constitution of the Republic of Ecuador, the Organic Code of the Judicial Function, the Comprehensive Organic Criminal Code, the Universal Declaration of Human Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the American Convention on Human Rights. Similarly, criteria of the National Court of Justice and of the Constitutional Court related to the indicated principle are presented. It is concluded that the principle of impartiality constitutes a true protection with respect to the guarantee of the right to defense, without which a just decision, in accordance with the law, would not be obtained, because its violation would translate into a full violation of due process and more specifically the right to defense.

Keywords : principle of impartiality; principle of equality; action of the Judge; due process..

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