Violación a la aplicabilidad del principio de favorabilidad en personas de libertad del pabellón de atención prioritaria del Centro de Privación de Libertad Guayas Nº 4.

Abstract

The present Complex study called "Violation of the Applicability of the Principle of Favorability in Persons Deprived of Liberty of the Priority Attention Pavilion of the Guayas N° 4 Deprivation of Liberty Center” represents an uncertainty that becomes a motivation for the respective analysis, in order to learn more about the reasons why this right is violated. The principle of favorability comes from the Latin in dubious pro-reo, which means what most benefits the defendant, as indicated in article 76, paragraph 5 of the Constitution of the Republic of Ecuador, it is not applied directly and immediately as indicated, but through a request from the party to the competent judicial body. In relation to the aforementioned, the general objective is to analyze the violation suffered by persons deprived of liberty of the priority attention pavilion within the Guayas Nº 4 deprivation of liberty center due to the non-application of this principle by the administrators of the Justice. To ensure compliance with the objective, a qualitative methodology is used, with a descriptive scope, where persons deprived of liberty of priority care were part of the sample of this case study. Finally, some of the disadvantages of not applying the principle of favorability are the violation and violation of rights, prison overcrowding.