El prevaricato y su inaplicabilidad frente a la labor garantista de los jueces constitucionales

Abstract

Abstract: This research analyzes the impropriety of applying the crime of *prevaricato* (judicial misconduct/malfeasance) to the rights-safeguarding role of constitutional judges within this constitutional state based on rights and justice. The study aims to demonstrate that the constitutional judge differs from the ordinary judge because their activity as an administrator of justice is oriented toward the effective protection of fundamental rights enshrined in the Supreme Law, achieved through legal interpretation and the direct application of the Constitution. Within this framework, the research examines the doctrinal and normative foundations of the concept of *prevaricato*, while also analyzing its nature and other relevant elements. It also includes a comparative law study to contrast the positions held by the high courts of neighboring countries, such as Colombia and Peru. Finally, the study conducts a jurisprudential analysis of the Constitutional Court of Ecuador s position to determine whether applying the crime of *prevaricato* is compatible with the exercise of constitutional justice.