La vulneración del derecho a la legítima defensa como consecuencia de la falta de motivación.

Abstract

Background: In this investigation theories related to doctrines, legal norms and jurisprudence are exposed based on the legitimate defense in due process, considering the lack of motivation that could be given in the procedural actions, giving way to the violation of rights in the various judicial pronouncements. The right of defense is the power of the accused or prosecuted person to defend themselves before the courts and tribunals of criminal guarantees, this is contrary to the offender or victim of a crime; based on the norms granted by the Constitution of the Republic and the Code of Criminal Procedure. Objective: To determine the consequences for the lack of motivation in the violation of the right to self-defense. Methodology: The research design will focus on a qualitative methodology, in addition to raising the historical - legal and legal - doctrinal systematization method as theoretical methods, in addition to a documentary analysis, in-depth interview and sentence analysis as empirical methods. Results: As a scientific novelty, the special procedures in criminal matters are raised as they tend to speed and procedural economy, incur in an undue application of principles and guarantees that affect precisely the reasonable period, the right to effective defense and due process such as global value of the guarantee that should characterize the criminal system, and that in the case of Ecuadorian proceduralism despite having better procedural guarantees than in previous times, these, in certain procedural areas, cannot be fully applied. Conclusions: the oral trial has as an essential piece the fiscal accusation, and the defense of the accused, since the validity of the sentence presupposes a confrontational and public debate within which, the degree of certainty must occur with strict observance of the principles that govern the due process.