Legalidad procesal y defensa en la aplicación del procedimiento directo en el Ecuador.

Abstract

The purpose of this study is to investigate the application of the direct procedure provided for in the Código Orgánico Integral Penal of the República del Ecuador and its objective is to determine the conformity of its application with respect to the procedural principle of legality and the guarantees of due process provided for in the constitutional and legal norm. In this regard, an analysis of the normative and theoretical foundations that define legality and criminal due process is carried out within the framework of the defense exercise, together with the compilation of an evaluation of the procedural system in the application of the direct procedure. The information obtained by means of the bibliographic compilation, the compilation of comparative legislation of countries of the Latin American region and in the obtaining of surveys directed to legal professionals, where they determine their criteria regarding the problem presented, is supported. The results of the investigation are presented and a legislative reform proposal is prepared aimed at guaranteeing the conformity of the principles and guarantees in the application of the direct procedure.