El principio de legalidad penal frente a reformas legislativas de emergencia en contextos de inseguridad.

Abstract

Background: The country faces an internal armed conflict stemming from the activities of criminal groups and transnational organizations, which have infiltrated state institutions and recruit children and adolescents to commit criminal acts. In response, the National Assembly of Ecuador approved urgent reforms, such as the Organic Law on Public Integrity, with the aim of tackling organized crime and terrorism. Objective: To analyze the urgent legal reforms enacted during the internal armed conflict in Ecuador and their application in relation to the principle of criminal legality, evaluating their regulatory and social implications. Methodology, based on dogmatic-legal and descriptive methods. Results: The LOIP violated the principle of criminal legality by imposing disproportionate criminal penalties, affecting the right to the best interests of the child and legal certainty. Conclusions: An improper use of urgent economic bills was identified, as some matters were mixed and reformed without respecting the fact that this bill should only be used to deal with issues related to the economic stability and public finances of the State.