Intromisión de la justicia constitucional en la justicia penal: análisis de la resolución de la acción de medida cautelar dentro del proceso 13338-2023- 00002

Abstract

The present legal case study is based on a descriptive and comparative approach which, through a documentary, bibliographic and jurisprudential analysis, seeks to determine whether the precautionary measure action filed in process No. 13338-2023-00002 should have been admitted. This case generated controversy both in the legal and social spheres since the precautionary measure that was granted in the City of Montecristi, Province of Manabí caused the citizen C.F.S., sentenced for the crime of femicide, to obtain his release ticket in order to protect his right to health; and although this measure was later revoked at the request of the President of the Republic Guillermo Lasso, who was in office at that time, the sentenced C.F.S. was not deprived of his freedom again because he is currently a fugitive. By virtue of that, this analysis aims to establish and examine whether the constitutional judge had the jurisdiction to process the case and whether the resolution of precautionary measures influenced the criminal sentence that the citizen C.F.S. received back in 2017.