Artículo académico sobre la discusión de la Ley Contra la Violencia a la Mujer en el proceso de indagación previa de la fiscalía general.

Abstract

Violence against women is the transgenerational cultural result that alters the coexistence and normal functioning of society, violating women within the family circle; with the historical struggle of women's groups and movements, the international legal standards adopted to protect women with the laws of each country, Ecuador is no exception! the weakening of the judicial system at the moment of applying the law has multifunctional causes, the dominant male relationship still prevailing, is the first obstacle within the processes of defense of the rights of the violated woman and the process of obtaining evidence, an abysmal difference between theory and practice. Objective. - To discuss the Law against violence against women in the preliminary investigation process of the Attorney General's Office, in order to evaluate its strengths and weaknesses in relation to articles 155 to 158 of the COIP. Methodology. - Bibliographic, descriptive, non-experimental, retrospective and longitudinal research focused on the legal analysis related to the national reality. Results. - The results are based on experiential evidence and Ecuadorian legal bodies: Constitution, laws - organic and ordinary codes, regulations and general norms according to the subject compared with the substantial increase in violence after their enactment; average of 33.58% in 2011 and 35.25% in 2020, coinciding with the fact that more than one suffers all forms of gender violence throughout life. Conclusions. - The analysis of the law for social benefit, to fulfill its aim, objective, object and purpose must change and adapt constantly to the different and diverse situations, based on the casuistry and consequences generated in short, medium and long term; optimizing the quality of legal, juridical and judicial life in Ecuador, without revictimization, impunity and injustice in the crime of violence against women