Acción extraordinaria de protección, vulneración del debido proceso, prohibición de doble juzgamiento.

Abstract

The extraordinary action of protection is raised in the controversial case called “Sharon the sorceress”, which due to the irregularities raised by G.L., who was initially sentenced for manslaughter and later for femicide, this act added to the delay of the process in relation to the sentenced and the brevity in which he was sentenced, proves that there were violations of due process guarantees and double jeopardy as well as the violation of the rights of presumption of innocence, effective judicial protection, to appeal the ruling; It is with this background that the title “Extraordinary protection action, violation of due process, prohibition of double jeopardy” arises; from which arises the general objective “To objectively analyze within the extraordinary action of protection the causes that originated the violation of the right to due process and to analyze the reasons that motivated the acceptance of this extraordinary action of protection and to avoid in the future the violation of this right in analogous cases by declaring that there was double judgment in this case” from which four objectives were deployed that serve as a basis for the development of the essay, aimed to be answered with bibliographic sources, such as jurisprudence, the Law, the Constitution and the doctrine; Finally, it concludes by determining the importance of this process for the Ecuadorian criminal legislation, with regard to the.