El derecho penal del enemigo en el Código Orgánico Integral Penal ecuatoriano. El ciudadano y no ciudadano. Mención terrorismo

Abstract

Theory Enemy's Criminal Law postulates the existence of a criminal law that distinguishes between people whose behaviors is accord to law and people that demonstrate a position contrary to the legal order and aim to destabilize the state system people. This research is aimed to analyze the Ecuadorian Criminal Law and its connection with this doctrine through the crime of terrorism. First we will make an analysis of the doctrine, its principles and purposes. Following this, we will describe the Constitutionalism Guarantor and Dignitary and the contradiction with the principles of the German jurist, Gunther Jakobs, head of the theory “Enemy’s Criminal Law ". Finally we will analyze the crime Terrorism related to the “Criminal Law Act”, within the study and criticism of the case called "The 10 Luluncoto” linked to Human Rights.