Las medidas de protección establecidas en el art. 558 Código Orgánico Integral Penal frente a la presunción de inocencia.

Abstract

This research work arises from the demands of the social context, which are constantly evolving. Currently, there are many cases in which the gender policy in our country does not meet the specific needs of women who are part of the cycle of violence. Additionally, there is a problem regarding those who are victims of the misuse of these policies, which ultimately affects legal security and violates the fundamental principle of the presumption of innocence.Therefore, this research is designed based on three essential axes. Firstly, we will analyze in detail the different International Treaties and Human Rights Instruments, of which Ecuador is a part. We will also conduct an exegesis of fundamental rights, as there is a need to adapt domestic law to infra-constitutional norms. Finally, we will discuss the different scenarios and key points that motivate this research, such as the correct adaptation of norms and the presumption of innocence. In summary, this research will highlight how certain normative vagueness, far from strengthening gender policy, has revealed a clear decline in these policies, resulting in a notable transgression of Human Rights.