Análisis de la prohibición de apelar a sentencias condenatorias de contravenciones de tránsito que no priven de la libertad, frente al derecho a recurrir y el doble conforme.

Abstract

The right to appeal is recognized in the Constitution of Ecuador as part of the guarantees of due process, being a fundamental right that in criminal matters is projected jointly with the right to double consent. The international human rights treaties that are part of the Ecuadorian constitutional block recognize the right to appeal resolutions that affect their rights as judicial guarantees that are related to the exercise of the right to defense, being very important that the person tried and sentenced have a challenge mechanism that allows them to go before a higher judge who assesses in breadth the decision made by the lower judge in a specific case, that is, who can review factual, evidentiary and legal issues. The right to appeal and the double consent, are guarantees of due process that must be developed by procedural law based on the principle of constitutional supremacy and the hierarchical order of the legal system, for which reason the present work analyzes the prohibition of appealing sentences with non-custodial sentences for traffic violations established in article 644 paragraph 5 of the Organic Comprehensive Criminal Code and its relationship with the exercise of the right to appeal and the guarantee of the right to double compliance, since the aforementioned legal prohibition It harms the right to defense and due process of the sentenced person since it does not allow people to have a means of challenge that allows a higher judge to broadly review the decision of the lower judicial authority.