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Revista Jurídica Derecho

Print version ISSN 2413-2810

Abstract

ROCHA OROSCO, Carlos. Poner la Justicia en sintonía con la Constitución. Justicia para todas y todos. Rev. Jur. Der. [online]. 2015, vol.1, n.2, pp.95-102. ISSN 2413-2810.

The article discusses the question of the deep crisis in Bolivian justice administration, which has been recognized even by state authorities. "We have stalled in justice... the patient is in coma... no other choice than to eradicate magistrates, judges, prosecutors and officials from all levels of justice, the judiciary... assaults...". It analyzes the factors that caused the failure of the solution that the government intended to direct election of judges, counselors and judges. Including inefficiency, expanding the bureaucracy and dependence to other organs, as well as the lack of initiatives to ensure check sand balances once they were elected. Lack of expertise, low capacity and competence in the procedures, the resolution of queries and the application of rules to each case also observed. Notable is the lack of technical criteria, principles and ethical behavior. It also makes visible aspects of approach, methodology, procedural, technical and administrative deepening the crisis in justice, the absence of specialized jurisdiction, the collapse of the Supreme Court, procedural/jurisdictional mess, the unconstitutionality of the transitional rules and the lack of specialized Jurisdiction Law. So rampant uncertainty and legal insecurity: tax, financial, public administration and other areas. Among the urgent measures to resolve this crisis are the meritocratic selection and promotion, decentralization, the audit and revocation. In short, the election of woman judges and judges for all, equipped with tools to analyze, argue, investígate and reason legal problems of society.

Keywords : crisis; justice; election judges; ethics; constitutional; procedural disorder; competence; insecurity legal.

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