El derecho al honor del personaje público: evolución legal o herramienta política

Abstract

This paper analyzes the infractions against Honor typified in the old Penal Code in force until 2014, and how they are incorporated into the current Organic Code of Comprehensive Criminal Law (COIP). It also analyzes the procedure used in both cases, starting from a study of the concept "right to Honor", to later observe how the Ecuadorian legislation since the first Penal Code dealt with infractions against Honor. The procedure and resources that could be used before and after the issuance of the COIP are compared, especially when this norm treats the offense as a contravention. Finally, the manner in which the right to Honor with Freedom of Expression and several resolutions of the Inter-American Court of Human Rights, which set a precedent of greater tolerance against criticism and censorship towards public figures, is studied; it is clear that the supposed legislative advances introduced in the COIP actually served as a political tool used by the previous government against its opponents.