Right to Due Process in the Military Disciplinary Regime of the Ecuadorian Armed Forces

Abstract

The military branches that make up the Ecuadorian Armed Forces are extremely important entities for the State to make effective the exercise of its sovereignty vis-à-vis other republics and to create a margin of security within the territory. In this context, it is essential that their actions, both external and internal, be framed within the provisions of the legal system, thus guaranteeing the legal security of the individuals to whom they provide service and of the members of the military ranks themselves, even more so in the disciplinary proceedings that may be carried out. 

The objective of this work is to analyze the way in which the Military Discipline Regulations approach disciplinary processes relating them to the principles and guarantees that make up the right to due process and defense from a legal, doctrinal and jurisprudential approach through a qualitative method that allows identifying the most important aspects and, if necessary, enables the presentation of reform proposals that guarantee the constitutional rights of all military elements.