La defensa pública como garantía del derecho al debido proceso. Análisis de sentencia N°2195-19-RP/21.

Abstract

The current master's degree work has as its object of study to analyze from the theory of constitutional interpretation the right to public defense as a minimum guarantee of due process, having as a jurisprudential precedent the sentence No. 2195-19-EP/21, issued by the Ecuadorian Constitutional Court. From the results obtained through the documentary analysis, it is determined: The duty of the Public Defender of Ecuador to provide a timely - effective, technical - legal, efficient - free service, in the sponsorship and legal advice of its clients. To this end, the academic development of this degree work is based on the theory of constitutional interpretation granted by the Constitution of the Republic to the Ecuadorian Constitutional Court, the entity in charge of issuing binding and mandatory jurisprudence for its proper application within the legal system. Regarding the research methodology, a theoretical investigation was carried out with a qualitative approach through the case study and the use of the bibliographic review technique and documentary analysis as an instrument, which allowed the collection of relevant information on the negligent behavior of the public defender when intervening in a criminal process whose result affected the due process in the minimum guarantee of technical defense. Finally, a legal analysis document was prepared to highlight the indications of the violation of the right to effective technical defense by the Public Defender's Office and to demonstrate the insufficient jurisprudential motivation developed in Judgment No. 2195-19-EP/21 to guarantee the right to effective public defense of the procedural parties under the principle of equality.