La cooperación eficaz y la tutela de intereses jurídicos para el Estado y la persona procesada en Ecuador.

Abstract

The problem addressed in this article consisted of analyzing and diagnosing the existing favorable and confrontational positions regarding effective cooperation within the Ecuadorian criminal process. The research objective was oriented toward describing the contribution that this special investigation technique provides and the impact it has on the protection of the rights of the State and the prosecuted person, whose scope sought to generate a reflection of profound critical sense. Regarding the study methodology, a qualitative approach of descriptive and explanatory level was employed in order to recognize and understand the main foundations of this procedural figure. A study was carried out based on a documentary analysis of various constitutional and criminal theories, whose interpretation and synthesis were grouped in the observation guide. This study was possible through the development of a grounded theory that allowed for a contrast between the various theoretical positions and their relationship with the protection of rights specified in the topic. At the level of findings, it was found that effective cooperation is a controversial procedural figure at the criminal level, but that it has been sustained despite criticism toward whether it actually contributes to the punitive power of the State and respect for due process for the accused, insofar as it allows penetration into the structures of organized crime. By way of conclusion, it was determined that this procedural technique, despite its questionings, can be perfected to generate both favorable results for the State and the prosecuted person.