Derechos de las partes (víctima y procesado) y el principio de oportunidad.

Abstract

The general objective of the study is to determine the proper application of the principle of opportunity in relation to the rights of both the victim and the accused within the Ecuadorian criminal justice system. Methodologically, the research follows a qualitative approach, using the analytical-synthetic method and supported by interviews to compare international practices and propose context-appropriate improvements. Regarding the results, the study identifies several shortcomings, including limited victim participation, lack of procedural speed, insufficient training of justice operators, and risks of discretionary misuse. It also highlights the need for clear guidelines, stronger judicial oversight, guaranteed comprehensive reparation, and the promotion of transparency and accountability mechanisms. In conclusion, the principle of opportunity must be applied in a balanced manner, ensuring efficiency without violating rights. Continuous training, periodic evaluation, and greater inclusion of all parties are recommended to strengthen trust in the criminal justice system.