Los jueces de paz y el derecho constitucional de acceso a la justicia en Tungurahua

Abstract

Justices of the Peace have been incorporated into Ecuadorian Legislation, as a way to improve the Judicial System. In such case, the Magna Carta of Ecuador in 1998 (Const, 1998, art. 191) already recognizes the existence of the Justice of the Peace in charge of resolving community conflicts caused by equity. However, the application of the system demonstrated various inconsistencies and flaws and didn’t produce the desired outcome. As mentioned, in the Constitution of 2008 (Const, 2008, art. 189) the blueprints of this legal figure were restored. Paradoxically, these continued preconceptions continue being ineffective when guaranteeing optimum access to the Justice System. It is well established, that the intention of the judicial role in creating the Justice of the Peace is about gaining justice for those in rural areas of the country. However, the lack of objectivity and interest in the system doesn’t allow to break down the long existing financial and geographical barriers which separate these people from normal law. In such instances, it is vital to evaluate the legal and social aspects which impact on their effective application. In the same way an investigation is required to highlight the range and execution of conflict resolution through the Justice of the Peace. In this ruling, the Justice of the Peace is charged with issuing conciliation acts and equity resolutions to solve the dispute. However, there are no educational requirements to be a Justice of the Peace, in such case the lack of an academic background leads to a society doubting the effective protection and legal security of their rights. Furthermore, there doesn’t exist a legal measure to resolve such cases in the instance of one party not complying. Under these considerations, it is necessary to know the use of these regulations. A measure that will contribute with the State to adopt such necessary measures will benefit the most forgotten in our society, those in rural areas and those in need of means to effectively access their right to the legal system.