Due process and its violation in the direct procedure provided for in Ecuadorian legislation

Abstract

In this article we are going to analyze the violations that exist to the due process, when applying the direct procedure determined in the Organic Comprehensive Criminal Code in article 640, reflecting for this on the guarantees provided in the Constitution, the Law, the International Treaties and Conventions. , and the objective proposed in the present study is to determine the violation of due process when applying the direct procedure in our Ecuadorian legislation, consequently referring to the time that the accused is granted to be able to exercise his defense in a correct way and count with the impartiality of the administrators of justice. Well, the methodology applied was of a bibliographic-documentary type, with a descriptive scope, since the criteria of several authors of books, scientific, national and international journals were used, specifically on the violation of the guarantees of due process at the time of applying the direct procedure. The inductive-deductive method was also used, just as the historical method was applied in the revision of regulations, doctrine and jurisprudence to develop scientific research.