La inconstitucionalidad del art. 473 y 474 del código de trabajo respecto a la integración de los tribunales de conciliación y arbitraje, en la legislación ecuatoriana

Abstract

According to the constitutional provisions in force in Ecuador, the judges belonging to the general judicial administration are also responsible for understanding and resolving the procedures for the judicial guarantee of constitutional rights. In this regard, it is worth mentioning that the Constitution of the Republic of Ecuador, determines: “Art. 76.- In any process in which rights and obligations of any order are determined, the right to due process will be ensured, which will include the following basic guarantees: (…) 3. (…). Only one person may be tried before a judge or competent authority and with observance of the procedure of each procedure. (…) 7. The right of persons to defense shall include the following guarantees: k) To be tried by an independent, impartial and competent judge. No one will be tried by exceptional tribunals or by special commissions created for this purpose”. The Constitution of the Republic of Ecuador guarantees that every person has the right to free access to impartial and expeditious justice to demand that their rights and interests be recognized, understanding that only the judicial power is empowered and it is within its competence to dictate sentences.