Garantías del derecho al debido proceso y su relación con la exclusión de la prueba ilícita.

Abstract

Since the proclamation of Ecuador's Constitution in 2008, the country has become a State of Constitutional rights and justice, in which there is a guarantee of the administration of justice. This means that this system is the only one where principles are justiciable, including procedural principles. Using this as a reference, the present investigation aims to provide adequate knowledge and application of the judicial rules in criminal proceedings. For this reason, it is necessary that we address the legality and exclusion of the proof which is the “central axis” of the process, evaluating the technical, legal and scientific context based on doctrines and theories that support the exclusion in the process of evaluation as a means to arrive at the procedural truth as carried out by the judge. It is recognized in The Constitution of the Republic in Article 76 Number 4, that in all the processes in which rights and obligations are determined, the adequate application of the right to due process must be ensured as well as the evidence obtained or acted against the guidelines established in the Constitution or the law, which, as a consequence, will lack any validity and probative effectiveness. That is why the constitutional guarantees are being properly applied in the process, referring to what is laid down in the Constitution and the law in the evidentiary process.