Juicio político en el Ecuador y la facultad fiscalizadora de la Asamblea Nacional

Abstract

The legal institution of impeachment was born as a parliamentary procedure through which the legislative body can impose sanctions on certain government officials when they are deemed to have engaged in legally inappropriate conduct; impeachment is an instrument for the exclusive use of the legislative function who indirectly exercises the will of the people through its supervisory power. In this sense, the political trial constitutes a constitutional process whose purpose is to materialize the principle of responsibility enshrined in the constitution. Through this institution is of a mixed nature due to its political and legal origin; The purpose of this legal institution is to investigate the conduct of the high-ranking authorities in order to determine their political responsibility and apply the corresponding sanctions. The investigation determined the way in which the State's supervisory power currently performs in the face of a political trial, the way in which it is accepted or disposed of due to the political preferences that are in charge of the Oversight and Control Commission. Political. The study revealed the affectation suffered by the supervisory power of the National Assembly in terms of political trials since, as it has been shown, there are irregularities when recommending or not a political prosecution by the commission of political control and oversight, demonstrating in this way that the control depends on the political situation that the current government exercises, thus damaging the representative democracy of the country. The research was based on qualitative methodology through interviews with people specialized in political science, such as advisers, assembly members and legal experts, the development was carried out through the theoretical, doctrinal and legal foundation of aspects related to impeachment and the supervisory power of the National Assembly, in order to determine the incidence of the impeachment process in the supervisory power of the legislative body and develop legal criteria in relation to the supervisory power of the National Assembly in relation to the impeachment process. The result of the investigation makes possible a reform in the organic law of the legislative function where it is tacitly established that the qualification for impeachment is carried out by the plenary session of the National Assembly and not only by unanimous decision of the oversight commission.