Las garantías penitenciarias, enfoque procesal constitucional desde la perspectiva del Código Orgánico Integral Penal.

Abstract

The investigative work is oriented to focus in an analytical way the application of penitentiary guarantees within the rehabilitation centers of Ecuador in a general way and specifically in the provinces of Guayas and Manabí. International reports refer that the deprivation of liberty centers in Latin America have problems in common that are physical space, overcrowding and deficient prison staff, aspects that result in normative problems affecting the rights and prison guarantees that are established in the Constitution and established in the Comprehensive Organic Criminal Code. From this context, the research addresses referential historical aspects of the prison system and the detention centers and theoretical and legal foundations regarding prison guarantees and the enjoyment of fundamental rights determined in the Constitution; According to this line of argument, it is intended to indicate that the Ecuadorian State must adapt norms and institutions regarding the rights of those deprived of liberty in order to comply with the constitutional norm and penal norm, based on the international standards of which Ecuador is subscriber. The investigative work is justified, from the academy, allowing an investigative and analytical study aimed at establishing whether the prison guarantees are complied with in the social rehabilitation centers and the actions that the prison guarantees judges and authorities of these centers are executing to achieve its compliance, thus avoiding the violation of the rights of persons deprived of liberty subject to the Penitentiary System of Ecuador.