La despenalización del aborto por violación y la incidencia en la afectación del principio constitucional de inocencia de la persona procesada.

Abstract

The present investigation had as general objective to analyze the decriminalization of abortion for rape and the incidence in the affectation of the constitutional principle of innocence of the processed person, for this a study was carried out on the right to due process in the guarantee of innocence through the legal analysis, to determine its legal structure, it was possible to determine the legal consequences of the decriminalization of abortion for rape, in which the most important is the violation of the principle of innocence of the accused. In the present investigation, the mixed approach was selected, because since it implies the union of the qualitative approach with the quantitative one, it allows the researcher to achieve greater depth and thus achieve the objectives set at the beginning of it. For this, interviews were conducted with lawyers familiar with the criminal area in order to demonstrate the violation of the principle of presumption of innocence in the rape process when the pregnant victim decides to abort. The inclusion of numeral 2 of article 150 of the Organic Comprehensive Criminal Code was proposed, referring to the guarantee of the principle of innocence for the accused. Finally, it was concluded that the practice of abortion for rape can violate the rights of the defendant who is being investigated for this crime since there will be a precedent that the victim had an abortion for this crime, consequently, a great deal of objectivity is required from the operator. of justice to guarantee the presumption of innocence, which is the most violated right of the majority of defendants.