La vulneración del Derecho a la Defensa con la aplicación del Procedimiento Directo dictado en el Código Orgánico Integral Penal

Abstract

The constitution of the Republic of Ecuador, which has a guaranteed vision, establishes a Minimum Penal Law that has to adapt to the existing laws for its constitutional revision however, the Penal Integral Organic Code violates those principles. Currently, some trends in the criminal law are expressed through the guarantee and effectiveness that are opposite currents but they are expressed in the COIP. From an academic and professional point of view, the present research attempts to demonstrate the possible damage caused by the application of the Direct Procedure to the Principle of Due Process, stipulated not only in the Constitution of the Republic but also in the International Human Rights Instruments signed by Ecuador. In order to achieve this aim, bibliographical research and the research interview technique have been applied. Thus, the application of the Direct Procedure violates the literals b) and k) of numeral 7 of Article 76 of the Constitution. In order to interpret the results of the interviews, statistical tables and graphs are presented. Finally, it is necessary to emphasize that with this type of special procedure, the function of the International Law of Human Rights.