Vulneración del principio de presunción de inocencia en las inhabilidades contempladas en el Art. 77 del código orgánico de la función judicial como es el caso del juzgador

Abstract

In this thesis, an analysis of our legal system is carried out in search of legislation in reference to the Principle of Presumption of Innocence and the violation of this precept when removing the judge from his/her functions, when there is a judgment appeal order. The study focuses on Ecuadorian regulations, with special emphasis on three bodies of law: the Constitution of the Republic of Ecuador (CRE), the Organic Code of the Judiciary (COFJ), and the Comprehensive Organic Criminal Code (COIP). The analysis starts from the meaning and use given by various authors to how it has been recognized by the various legal systems today. Then it goes on to examine the principles of the COFJ, and the sense in which it regulates judicial relations, without leaving aside the subjection of the code to the Constitution. Finally, the question is answered as to whether there is a violation of this Principle of Presumption of Innocence to determine mechanisms that protect the rights of all the actors who are involved in the process.