Browsing by Author "Siza Arias, William Damian"

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    La vulneración del principio de no regresividad en las excepciones previstas en el art.527 del código integral penal de personas privadas de libertad en flagrancia
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-11) Siza Arias, William Damian; Rodriguez, Cristian
    The research addresses the violation of the principle of non-regression in the exceptions provided in Article 527 of the Comprehensive Organic Penal Code (COIP) of Ecuador, specifically in the context of extending the uninterrupted pursuit time from 24 to 48 hours in cases of flagrante delicto. This study analyzes how this legal reform can affect the fundamental rights of detained individuals and whether it constitutes a setback in the protection of human rights. The principle of non-regression, enshrined both in the Ecuadorian Constitution and in international human rights instruments, establishes that acquired rights should not be diminished. The extension of uninterrupted pursuit time raises concerns about potential abuses and arbitrary detentions, affecting the right to personal liberty and procedural guarantees. By analyzing rulings from the Inter-American Court of Human Rights, such as the cases of Jorge Castañeda Gutman vs. United Mexican States and Leopoldo López Mendoza vs. Venezuela, jurisprudential standards are identified that emphasize the importance of proportionality and the need for effective judicial remedies to challenge rights restrictions. Additionally, rulings from the Constitutional Court of Ecuador, specifically No. 69-21-IN/23, which addresses the constitutionality of COIP reforms and the principle of non-regression, are evaluated. The research concludes that the reform to Article 527 of the COIP must be justified under strict criteria of necessity and proportionality, ensuring that fundamental rights are not violated. It is recommended to establish clear guidelines for the application of uninterrupted pursuit, implement robust supervision and control mechanisms, and promote continuous training for judges and prosecutors to ensure an application that respects the balance between public security and individual rights