La omisión de formalidades en la justicia, el derecho a la defensa y el principio de celeridad procesal.

Abstract

From the validity of the current Ecuadorian constitutional order, Ecuador is a constitutional State of rights and justice, which is based on the application of the guarantee model, that is to say that it seeks above all things, including the state power itself to guarantee the rights of the people. Thus, in the procedural field, and specifically for the proper administration of justice, some principles have been instituted in the Constitution, such that the omission of formalities will not imply the sacrifice of justice. Despite the validity of this essential principle, and neglecting the weighting criteria between principles and standards that must be applied to adequately resolve the processes, many judges require compliance with formalities that do not have a direct impact on the process, delaying the process and in the most serious cases denying claims of the defendants for mere unfulfilled formal requirements, affecting the validity of the justice. This problem is addressed in this research work that in compliance with the methodological guidelines has been developed with a theoretical, factual basis and ends with the approach of conclusions, suggestions and reforms on the problem studied.