El principio de congruencia en relación del derecho de la defensa a partir del pronunciamiento de la Corte Constitucional

Abstract

This paper offers a conceptual and critical analysis of the formulation and applicability of the principle of congruence in criminal matters within the Ecuadorian legal system. To this end, it begins with a review of the origins and evolution of criminal procedure and the right to defense as an integral part of due process, thus outlining a basic theoretical framework that allows for an understanding of the fundamental elements of the principle under study. Secondly, it examines Ecuadorian constitutional and criminal procedural law regarding the principle of congruence, thereby highlighting normative gaps and application problems stemming from the lack of a clear categorization of the principle in question. Finally, it studies the pronouncements made by the Constitutional Court of Ecuador in its rulings on this matter, raising perspectives on procedural application, as well as questions that still need to be resolved within our criminal justice system.