Medidas de protección y presunción de inocencia en contravenciones de violencia intrafamiliar en Ecuador.

Abstract

In this paper, I analyze a recurring issue currently present within the Ecuadorian legal system, namely the immediate application of protection measures in cases of domestic violence and their relationship with the right to the presumption of innocence. From my professional practice, I have observed that, in many cases, such measures are granted almost automatically, without a sufficient assessment of the facts or the elements that justify their necessity. Therefore, the purpose of this study is to examine the type of reasoning and the level of evidentiary standard that judges should require when granting these measures, in order to ensure the protection of the victim without infringing upon the rights of the accused. For this purpose, this research relies on constitutional case law, legal doctrine, and the analysis of a case study No. 09571-xxxx-014xx. As evidenced in professional practice, the lack of a minimum verification of the facts may lead to disproportionate decisions, even resulting in detrimental consequences to the patrimonial rights of the accused. For this reason, I consider that the validity of protection measures depends not only on their immediate nature, but also on their proportionality, proper reasoning, and timely review. Based on the foregoing, it is necessary to incorporate procedural mechanisms that allow for the prompt review of such measures, thereby guaranteeing the right to defense and preventing them from becoming a form of anticipatory sanction.