La genética forense como herramienta en el sistema penal ecuatoriano.

Abstract

This study analyzes the use of forensic genetics in the Ecuadorian penal system, in the absence of specific regulations that regulate its implementation. The main objective was to assess regulatory gaps and propose legal reforms that guarantee the protection of fundamental rights. A qualitative methodology was applied, based on documentary analysis of normative, jurisprudential and doctrinal sources, as well as a comparative approach with international references. The results show that the current regulation in Ecuador is fragmented and lacks adequate control mechanisms, affecting the legality of genetic testing and the guarantee of rights such as privacy, personal integrity and due process. It is concluded that it is essential to establish an exact and specialized regulatory framework that promotes the efficient application of forensic genetics, respecting constitutional principles. The research suggests changes to the COIP and the implementation of an autonomous system for the management of genetic databases, thus favoring the consolidation of the constitutional rule of rights.