Maestría en Derecho Penal y Procesal Penal
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Item Cadena de custodia: valoración de prueba y tutela judicial efectiva en el procedimiento adversarial penal(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-06) Falconí Gaibor, Sonia Paulina; Recalde Suaréz, Raúl RomanoBecause Ecuador is a constitutional State of rights, it has implicit in its actions, guarantee, protection and security, in the execution of the rights of citizens within a certain process. Since the issuance of the Constitution of 2008, fundamental rights of mandatory application were established, among them effective judicial protection, which is activated by the administrators of justice at the moment in which a cause comes to their knowledge. As judges, they are obliged to carry out an adequate evaluation of evidence within the processes, even more in the criminal sphere, where the freedom of the people is at stake; the evidence obtained, acted upon and legally incorporated into the process, constitutes the basis of the judge's decision, the documentary, testimonial and especially the expert evidence, allow him to know the procedural truth that must be concordant with historical or material truth. If the test is the basis of the judging system, it must have been obtained in an appropriate manner, without violation of the Constitution or laws, which would turn it into illegal, illegal, irregular evidence, etc., in order that the It is enough to sustain the decision of the judge, that is why.