El procedimiento directo y su incidencia en el debido proceso y la tutela judicial efectiva.

Abstract

The entry into force in 2014 of the Comprehensive Organic Criminal Code constituted an important advance in criminal matters for Ecuadorians and strengthened the judicial system. This legal body came to replace the Criminal Code and the Code of Criminal Procedure. The COIP establishes special procedures, among which is the direct procedure. The direct procedure groups all the stages of the process in a single hearing, as long as the requirements for its application are met. The foregoing has generated a controversy in the professional field because the short time for substantiation of this procedure could violate due process and effective judicial protection. In this, the objective of the study is to analyze the direct procedure and its incidence in the sense of due process and effective judicial protection. Through a qualitative investigation and with the application of descriptive, analysis-synthesis and explanatory methods, it was evidenced that this procedure does not allow the defendant to have a fair and equitable trial; In addition, the premise on the violation of due process and effective judicial protection was validated.