La extradición en el ámbito Internacional y su contraposición con el Garantismo Constitucional Ecuatoriano.

Abstract

The institution of extradition has been the object of criticism over the years in the legal systems of many countries around the world, since the unknown that is always collected is about the validity of the extradition concession of a national. Ecuador is a country that has inherited from the last century the express prohibition embodied in article 79 of its Magna Carta about extraditing an Ecuadorian. This guarantee of the right to protection, in turn, transgresses the principle of constitutional equality that deals with article nine of our supreme norm. The excess of guarantees is a core problem that is visualized in article 79 of the aforementioned regulation, since that is where currently the big drug traffickers and heads of criminal structures take refuge, in the end giving in to being tried in Ecuador, with a system in crisis and managed many times by themselves. The Sánchez de Bustamante Code empowers the state to reject or accept these extradition requests, as long as the country that refuses, protects justice, and guarantees due process to the requested one, a condition that Ecuador currently could not comply with. Extradition seeks international cooperation for justice. Ecuador has signed several treaties on extradition that are obsolete and partially restricted by article 79, which will be a key point in the analysis of this work.