La afectación del procedimiento directo en el derecho al debido proceso

Abstract

The criminal process in recent decades has undergone major transformations. However, guiding principles of the accusatory prosecution system have remained unchanged to a greater or lesser extent. Ecuador has not been outside the influence of these currents. Thus, with the promulgation of the Organic Comprehensive Criminal Code in 2014, a set of procedures are regulated, such as the direct one, which seek to speed up the criminal process by fulfilling certain requirements. In spite of this, in the ecuadorian reality, the direct procedure affects fundamental guarantees such as the right to defense, the equality of procedural subjects and the right to be played by an impartial judge, which inevitably threatens the very essence of the guarantee criminal and constitutionalism prevailing in the ecuadorian law system. From this budget, the research that performs a doctrinal, legal and jurisprudential analysis around important categories such as due process, direct procedure and its analysis in ecuadorian reality, through a mixed methodology and a descriptive approach, allowing to know the failures and violations of certain rights and guarantees of due process that occur in the direct procedure, demonstrating the need to restructure it in order to turn it into a guarantee institution and in accordance with the requirements of the rights of those currently prosecuted and guarantees necessarily prevailing in the criminal process.