Análisis de la centralización de competencia penal especializada en Quito sobre el acceso a la justicia y el principio de igualdad procesal

Abstract

The study aims to analyze the issue arising from whether the centralization of specialized criminal jurisdiction in the city of Quito, established by Resolution 190-2021 of the Council of the Judiciary, violates the right of access to justice and the principle of procedural equality for individuals under investigation or prosecution outside the capital of the Republic. To this end, three specific objectives were established, which consisted of identifying the right of access to justice in relation to the principle of procedural equality as a guarantee of the right to defense; examining the aforementioned Resolution, its regulation, and its legal effects; and, finally, contrasting the right of access to justice and the principle of procedural equality in light of the centralization of criminal jurisdiction established in the aforementioned Resolution. The methodology used was qualitative; therefore, the review was normative, doctrinal, and jurisprudential. The results of the study show that the centralization of specialized criminal jurisdiction in the city of Quito negatively affects the right of access to justice and the principle of procedural equality, as it creates disproportionate burdens, material inequalities, and restrictions on the full exercise of the defense.