Analysis of unregistered rulings in the constitutional court

Abstract

This research analyzed the process of referral and registration of enforceable judgments of jurisdictional guarantees in the canton of Santo Domingo during the year 2022. Therefore, the present study has focused on analyzing the effectiveness of the process of referral and registration of enforceable judgments of guarantees. jurisdictional, when determining the causes of non-compliance. Likewise, it seeks to propose improvement mechanisms to ensure correct selection and review by the Constitutional Court. To do this, a mixed methodology was used that combined qualitative and quantitative documentary analysis. The results highlighted that a third of the enforceable sentences were not registered in the Constitutional Court system, as non-compliance with protection actions was more frequent. It was observed that the failures in the referral process were more pronounced in the Provincial Court of Justice and in the Judicial Unit of Criminal Guarantees, although they are not justified by the procedural burden. The conclusions highlighted the need to improve inter-institutional coordination mechanisms between the Judiciary Council and the Constitutional Court. The implementation of an automated system was recommended to guarantee the efficient referral of sentences and emphasis was placed on establishing corrective and sanctioning measures to ensure compliance with obligations. This study accentuates the relevance of optimizing the referral process to strengthen constitutional control and improve the judicial system as a whole.

Keywords:

Judicial protections, Judicial registry, Inter-institutional coordination, Justice system.