Inconstitucionalidad e ilegalidad del reglamento de disciplina militar para sancionar las faltas disciplinarias en las Fuerzas Armadas en el Ecuador

Abstract

In dealing with the issue of unconstitutional and illegal of the administrative disciplinary proceedings to punish the disciplinary offenses in the armed forces in Ecuador, it is necessary to stress that there is a Regulation substitute for current military discipline, the same principles that transgresses the constitutional due process and the human rights of public servants in military armed forces. To live in a state of rights and justice, the Constitution cannot be limited by lower legal bodies, therefore, this paper recommend creating a rule with the rank of law to effectively regulate the administrative procedure to punish the disciplinary offenses in Ecuadorian Armed Forces, according to what is set out in the article. 76 Section 3 of the Constitution, which will serve to guarantee due process and human rights for all military personnel in active service. Avoid the discretion of the public officials responsible for instructing the procedure, avoid the helplessness of the administered, create and build legal certainty at the administrative level, the punishment of disciplinary offenses in Armed Forces.