RENUNCIA A LA DEFENSA PROFESIONAL POR INCUMPLIMIENTO CONTRACTUAL U OBJECIÓN DE CONCIENCIA.

Abstract

The right to defense according to the Constitution is a guarantee that is part of the due process, so that people have the right to free access to justice as established in Article 75 ibidem, and the administrators of justice have the obligation to enforce the constitutional guarantees of people, treating them on equal terms as established by the Constitution in Article 11 numeral 2 in which determines that all people shall enjoy the same rights, duties and opportunities. The waiver of the lawyer to the technical defense does not mean leaving the sponsored person in defenselessness, but the lawyer can apply the provisions of Article 44 of the General Organic Code of Processes in relation to the waiver of their services under which they can enforce their rights and to comply with the obligation generated with the sponsored person, in relation to the waiver of the provision of their professional services, this must be duly notified to the judge and to the client or user so that he can authorize a new defense lawyer either private or public defender. The Constitution allows lawyers to defend their rights, in the same way that they defend the rights of individuals, the lawyer may also waive the sponsorship of a case or process as established by law so that the right to work is not violated.