Principio de oportunidad y criminalización de adicciones.

Abstract

Ecuadorian State a constant social problem that has its genesis apparently in the dark in the existing procedural norms and the lack of alternative mechanisms to counteract the inconvenience; From this perspective, the need was born to study effective procedural possibilities aimed at the solution of this conflict, such as the possibility of applying the principle of opportunity in acts of possession and possession of drugs destined for consumption; based on that, this research has been proposed as a general objective to establish the theoretical doctrinal assumptions of the principle of opportunity and the criminalization of addictions aimed at stimulating a normative reform on the flexibility of the principle of opportunity; as a methodology, the observation, processing, analysis and synthesis of the normative proposal was used, using bibliographic, documentary, doctrinal, jurisprudential and statistical material to make a feasible proposal; Among the relevant results, it has been possible to establish consistency between the interviewees and respondents regarding the need to reform the procedural rule regarding the principle of opportunity as a possible solution to the problem of the criminalization of addictions, specifically addictions related to narcotic and psychotropic substances; the discussion was carried out among justice operators of the Province of Los Ríos, who have shown to a large extent knowledge about what has been investigated and support the hypothesis of the investigation that serves as the basis for the conclusion that is the urgency of a reform in criminal matters regarding the principle of opportunity.