La posible vulneración de la garantía al derecho de igualdad en el procedimiento abreviado.

Abstract

The present investigation focuses on analyzing the violation of the principle of equality in the current abbreviated procedure, particularly with regard to the modifications derived from the reform of the Comprehensive Organic Criminal Code, with the purpose of analyzing the current dynamics of the functioning of the judicial system. , because there is concern that this exception is incompatible with the constitutional provisions contained in article 11 numeral 2, generating doubts about its unconstitutionality and compliance with the international human rights treaties to which Ecuador is a party. These treaties establish progressive guarantees of formal and substantive equality in the protection of rights. The methodological approach of this study is extremely broad and interdisciplinary and includes a variety of research tools to conduct this comprehensive analysis, including the review of legal and doctrinal information. The potential for conflict among judges was identified, particularly over the assessment of criminal defense for applying legal exceptions that in some cases appeared to contradict constitutional and international principles. The final objective of this study is to propose specific recommendations and appropriate adjustments to guarantee coherence, equity and full respect for fundamental rights in the judicial system of Ecuador, all within the framework of current national and international law.