Violation of the right to due process in the abbreviated procedure in Ecuador

Abstract

Abstract: The existence of the abbreviated procedure in Ecuadorian criminal law raises a serious debate concerning the potential violation of constitutional rights and principles, understood as fundamental to due process. This issue has generated significant doctrinal and legal discussion that cannot be ignored. This study aims to analyze the abbreviated procedure within the Ecuadorian criminal framework to determine whether or not it violates constitutional rights and due process. The research employed a qualitative methodology, drawing on extensive scholarly literature that has already addressed this debate and contributes to a broader understanding of the problem. This is complemented by an analysis of jurisprudence that has already addressed the potential violations of constitutional rights and due process associated with the abbreviated procedure. The conclusion reached indicates that, within the context of the scientific article, elements were identified suggesting that the abbreviated procedure in Ecuador may have violated constitutional rights and due process, raising potential risks by limiting the parties' ability to present arguments and evidence comprehensively. This restriction, according to the analysis, may have led to hasty decisions that did not fully consider the constitutional rights involved, thus contravening the principle of a fair and equitable legal process.