Precisión y previsibilidad de la pena en el procedimiento abreviado a efecto de garantizar la seguridad jurídica.

Abstract

This work represents a qualitative study on the relationship between legal security and the abbreviated procedure. This relationship is expressed through article 636 of the COIP, which refers to the determination of the penalty but without the predictability and precision required in article 82 of the Constitution. The purpose of the investigation is to establish such precision and predictability through a proposal for legal reform of the third paragraph of Article 636 of the COIP. For the development of this research, it has been important a doctrinal study of legal security and other pillar concepts of this work; also the comparative method, as well as the interpretation and analysis of article 636. Likewise, it has been important to use interviews with experts in criminal procedure and the analysis and comparison of sentences of the Province of Santa Elena regarding the determination of the penalty of the abbreviated procedure. Among the results of the investigation it can be affirmed that the concept of legal security is complex and it can and it should be adapted to the reality of each country, so that Ecuador has its own way of understanding legal security.