Riesgos de la aplicación de la ley orgánica de extinción de dominio para los derechos y garantías de las personas en el Ecuador.

Abstract

In the current work the extinction's domain is studied as a legal institution that allows the recovery of property from illegal acts when its owner can't proof its lawful root, such goods are presumed to be acquired from a crime. In Ecuador, the recent approval of the organic law for the extinction's domain strikes an important step in the fight against corruption, but it also puts at risk different legal rights and recognized constitutional guarantees that protects people from the action of the state. In this context, the objective of the investigation is to analyze the potential risks of the application of LOED about the principle of the non-rectroactivity of the law, the right to legal security, the presumption of innocence and the right to have property, all of the recognized and guaranteed in the constitution of the republic. For the development of the research, a qualitative approach was applied that allowed to assess the main characteristics of the domain extinction, its legal configuration and possible consequences of the application of the LOED. For this, books and articles on legal doctrine were used as sources of research, as well as the legislation in force in Ecuador, institutional reports and periodical publications on the extinction of domain and corruption in the country. It was concluded that the extinction of ownership in the approved law LOED allows the transfer of assets to the State´s patrimony when the owner cannot prove their origin or legitimate or justified destination, but its application involves a risk for rights and guarantees that must be respected, and in particularly on the right to property and other principles and rights that are analyzed.