El PRINCIPIO DEL JUEZ NATURAL APLICADO AL CONTENCIOSO FUNCIONARIAL

The purpose of this paper is to determine the scope of the Principle of Natural Justice as the foundation of the Venezuelan Civil Service Administrative Judge for the implementation of the Law on Civil Service Statute to exempt or omitted from the scope of public employees. To do this the following specific objectives were established: a) Analyze the term "tribunal", origin, scope and principle and constitutional relationship with the competition. b) Analyze the figure of the civil service law judge and his powers as a constitutional court, c) Investigate and analyze the different administrative functionary contentious judgments where you have applied the principle. In investigating these questions were raised: What is meant by natural judge? Differences between human rights? Fundamental principle or warranty? Having regard to Justice and Due Process? What are the treaties, laws and constitutional provisions that enshrine? Does the principle of natural judge is only the judge? Does it apply to official or public employee? Have demonstrated negative conflicts of principle-based competition? (Practical aspect). The methodology was qualitative. The study was conceived by observing a form of jurisprudential and documentary research in two phases, a research and analysis of the applicable regulations, national and foreign doctrine, specializing in human rights, constitutional, procedural, contentious general administrative and special civil, and a second phase of forensic investigation, collection, analysis and comparison regarding the principle of natural judge in the civil service litigation judgments. The art of documentary research, literature analysis, and legislative sources was used as a strategy, from international treaties to some regulations that apply to the subject matter. In addition to national case law and some international bodies governing the matter. Finally, the following conclusions were generated: a) The tribunal is constitutional principle that guarantees due process in Venezuela b) The judge under the principle of constitutional supremacy must apply the Constitution in preference to the violation of the principle of natural judge lower-level rules. c) The tendency of the contentious administrative judge is to increasingly expand the scope of the Statute Law of Public Administration in order to preserve the principle of Natural Justice.