La vulneración del Derecho a la Defensa en los procesos de violencia contra la mujer y miembros del núcleo familiar.

Abstract

Ecuador has made significant progress in gender equality with the enactment and application of laws that specifically protect women and those considered members of the nuclear family. The Comprehensive Organic Penal Code has actively addressed the judicialization of violence against women, punishing the aggressors, as well as providing protective measures in favor of the victims as preventive support to prevent further acts of violence from occurring. It should be noted that this protection was extended simultaneously to the other members of the family nucleus because they were concurrent in the situation derived from the circle of violence. The purpose of this research is to carry out a study that analyzes the conceptualization and application of the principles of equality and non-discrimination, and how this contributes to Ecuadorian legislation in the prevention and punishment of violence within the family nucleus, verifying the effectiveness and suitability of the procedures adopted in this matter, which has been assessed through a qualitative research methodology with its corresponding investigative tools, proceeding first to identify the causes that generate violation of the right to defense and how those, affect jurisdictional processes, which do not end up responding appropriately to the need to carry out true restorative justice in favor of victims of violence, which does not mean that respect for the rights of the person prosecuted should be forgotten and due vigilance to due process.