Jurisprudencia y Ciencias Sociales
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Item La vulneración al derecho de libertad en las excepciones previstas en el artículo 529 del COIP(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-11) Espín Escobar, Ricardo David; Rodríguez Barroso, Christian IsraelThis research project focuses on analyzing the violation of the right to liberty in the exceptions provided for in Article 529 of the Comprehensive Organic Criminal Code (COIP) in Ecuador. It specifically examined how these exceptions impact the procedure established in the aforementioned article during the Flagrancy Qualification Hearing, contrasting it with the provisions of Article 77-1 of the Constitution. The objective is to analyze how the violation of the right to liberty in the exceptions provided for in Ecuador impacts the procedure established in Article 529 of the Organic Integral Penal Code (Reformed) during the Qualification of Flagrancy Hearing, in comparison with the provisions of Article 77-1 of the Constitution. Methodology, an exhaustive documentary review of the relevant legislation, relevant jurisprudence and academic literature on the right to liberty, the exceptions contemplated in Article 529 of the COIP and the relevant constitutional provisions was used. An interview with judges and a semi-structured survey of free practicing lawyers were conducted in the criminal area, and first-hand information is obtained on the practical application of the legal and constitutional provisions analyzed, as well as the perceptions and experiences of judicial actors in relation to the violation of the right to liberty. The provisions of Article 529 of the COIP and Article 77-1 of the Constitution are compared in terms of the protection of the right to liberty and the guarantee of rights during the Qualification of Flagrancy Hearing. The study identified the main exceptions contemplated in Article 529 of the COIP and their practical application, analyzed how these exceptions affect the right to liberty during the In Flagrancy Qualification Hearing, and evaluated the coherence and adequacy of these legal provisions with the constitutional standards established in Article 77-1. In conclusion, the study provided a critical perspective on the effectiveness of current regulations in the protection of the right to liberty in the specific context of the exceptions of Article 529 of the COIP and its relationship with the Constitution.