El derecho al debido proceso: el principio de legalidad en la tipificación de faltas, en el Estatuto de la Universidad de Cuenca.

Abstract

Universities enjoy university autonomy legally recognized by the Constitution of Ecuador, being part of an institutional need, universities are empowered to issue their institutional regulations, which will be issued through the respective collegiate body, having as legal basis the Organic Law of Higher Education (LOES) and its corresponding Statute. The Statute of the University of Cuenca is a norm with the rank of a material law that must regulate basic aspects such as the typification of offenses, not being the established case, we are faced with the existence of a referral to a regulatory norm that has the purpose of assisting and making operative the Statute of the University of Cuenca. The application of the regulatory collaboration in the typification of infractions must follow legal parameters that have been elaborated by the Constitutional Court of Ecuador in pertinent sentences in the case; since the regulation has limits to act since it is not in the same hierarchy of a norm with the rank of law; This responds to its own characteristics, for which the analysis of the cases in which the regulatory collaboration proceeds without undermining the principle of the reserve of law and the principle of legality that seeks to guarantee the right to due process of the members that are part of the University community, to the existence of a normative body prepared according to the legal mandate established in the Organic Law of Higher Education (LOES).