El procedimiento abreviado y la vulneración a los derechos fundamentales.

Abstract

This investigation reflects its antecedents in the application of the abbreviated procedure root of the constitutional guarantee in force since 2008, and of the new criminal procedural order that starts from the validity of the Organic Integral Criminal Code in force as of 2014. Since the implementation of the abbreviated procedure, much The requirements for its application have been discussed. Therefore, the problem is that the abbreviated procedure violates fundamental rights, since in order to be applied it requires the acceptance of the defendant in the commission of the punishable act. Therefore, this procedure violates the principle of presumption of innocence. The main objective of this investigation is to promote the repeal of the abbreviated procedure of the Ecuadorian procedural system. The qualitative modality has been used in the development of this research, which is based on the analysis of doctrine, legal norms, expert opinions and case studies. Therefore, the results of this investigation demonstrate that in the practice of the abbreviated procedure the negotiation of a reduced penalty proposed by the tax agents to the persons prosecuted does not contemplate the real dimension of the fundamental rights of these persons. Regarding the discussion of this investigation, there are positions in favor and against the abbreviated procedure, based on a greater extent its violation of due process. Finally, it is valued that the proposal is viable because it is the principle of presumption of innocence of a higher right as part of the fundamental rights.