Casos de violación a la seguridad jurídica en la ejecución de la pena dentro del Código Orgánico Integral Penal.

Abstract

In the development of the topic “Cases of violation of legal security in the execution of the sentence within the Comprehensive Organic Penal Code, the central problem is addressed in the observation of the study of practical cases related to prison guarantees in which the breach of the right to legal certainty as a constitutional right. Hence, legal certainty and that as such "is a right that is based on respect for the Constitution and the existence of prior, clear, public legal norms applied by the competent authorities", in accordance with the provisions of the Article 82 of the Constitution of Ecuador. In this sense, the central objective is established in Determining the effectiveness of legal security as a constitutional right during the execution of the sentence and its regulation in the Comprehensive Organic Penal Code (COIP) through a case study. Therefore, the methodology used is developed within a quantitative approach, of a non-experimental type, with a descriptive and cross-sectional scope, also the analytical and deductive methods were used, as for the techniques, the cards, analysis and observation were used. . Regarding the results, it was possible to determine that there is a violation of the principle of legal certainty in the case studies, in the interpretation of the performance of the judges of prison guarantees and their excess of competences inherent to their functions.