Los efectos del sobreseimiento definitivo como incide en la aplicación de las medidas de protección en las victimas de violencia intrafamiliar.

Abstract

In the Ecuadorian criminal process through the birth of the Protection Measures, which are dissuasive legal tools for the future of possible criminal infractions against people, but that as a formal instrumentality in crimes, it has been unfortunatelystaged that their survival is parallel to the full proof of the right in litigation, overlooking that these measures, in fact, have a legal basis in a good collateral to the debate: The integrity of the human being in all its dimensions, without the need for any other evidence than evidence of latent risk against said personal assets, known at the Fiscal or Judicial level. Hence, it has been established, both in the hypothesis and in the objective of this study, that this legal programming is not only constituted in a procedural contradiction but, according to the externalized conclusions, it generates an unjust axiom: Without proof of the crime, the protection measures that are rendered ineffective by legal mandate are extinguished, thus opening the door to a revictimization of the passive subject of the infraction. The purpose of this study is to demonstrate that the legal coverage only focused on the formal criminal process, deprives the right to defense from the stage of initiation of the criminal investigation process to these victims, obstructs the jurisdictional possibility that these measures will survive due to the lack of construction of the legal link between the materiality of the infringing person and his responsibility ordered by the Comprehensive Organic Penal Code.