El debido proceso dentro de las Fuerzas Armadas del Ecuador y su interpretación social frente a casos de discriminación por raza, etnia u otros.

Abstract

This research work will deal with “Due Process within the Armed Forces of Ecuador and its Social Interpretation in Cases of Discrimination by Race, Ethnicity or Others”, a topic that, currently in our country, is of great importance in all levels and societies (Uniformed Society and Civil Society). This work seeks, and, has the purpose of arguing, investigating and verifying the legal reality that exists regarding discrimination in any of its forms in the Armed Forces, for this the legal investigation will be used to prove the procedural legal problems that arise, to Through the identification, evidence, judgments and type sanctions of the crime under study, it will also seek to propose possible solutions at the time they are detected, in order to process them efficiently and reduce their impacts. In the first chapter we will see and talk about the terminology in general, criteria based on the Constitution of the Republic of Ecuador, International Instruments, Agreements and Investigations on Human Rights will also be presented, which will be very useful as information for the elaboration of this research topic. Due to the importance and topic of interest, comparative law will be used, if applicable, in addition to having concordance with our Ecuadorian legislation, the classification, procedures, doctrine, judicial pronouncements, rulings, sentences, of certain countries chosen by their jurisprudence will be studied. In the second chapter we will carry out the investigation itself on the procedural reality of discrimination, due process and its individual and collective effects, we will also analyze the most suitable and efficient means of evidence, which will demonstrate and argue the existence of the crime, the procedural responsibility, and, the lack of due process, which falls due to its competences in the Armed Forces for non-observance, outdated codes, laws and regulations. To finish, this research work seeks to promote, optimize, instill and improve with proposals and clear arguments to extinguish and end the problems found in the present investigation, on due process in the Armed Forces and discrimination in any of its forms, levels and societies (Uniformed and Civil).