Jurisprudencia y Ciencias Sociales
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Item El procedimiento abreviado y las garantias básicas del debido(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2018-09) Mena Ojeda, Marco Antonio; Cortés Naranjo, Edwin WilfridoThe Criminal Procedure Law, as will be seen below, is in charge of regulating the forms by means of which the issues submitted to the decision of the Judges and Courts of Justice are proposed and resolved and within this investigation, we will determine how the Procedure Abbreviated, established in our criminal law, within what the legislator has determined as Special Procedures, articles that go from 635 to 639, violate some of the rights and guarantees of the persons processed established in our Constitution of the Republic of Ecuador. In the exercise of these rights, in the sense that for our supreme rule, "All people are equal and will enjoy the same rights, duties and opportunities," and the Guarantees of Due Process, we present this investigation whose objective is to determine the current penal problematic and the one of establishing a mechanism of solution to this conflict of the law, given its importance for the society in general. To support this work, we will accompany the thoughts and illustrations of outstanding national and foreign jurists that will help us illustrate this work in the best way and that satisfies and clarifies that what is sought is to enter into a perfect understanding of the search for the truth for achieve specific goals, based on the accuracy of statements and the prolixity in the development of research with the purpose of fulfilling the purposes of the University and the development of the Criminal Procedure Law in our country. That is why we argue that due to the great importance of the study of Criminal Procedure Law and the rules that are currently synthesized in the Comprehensive Criminal Code and the great interest that has been created in many treaty institutions established in it, and Above all, the claim that the defects and vices of the exercise of the Administration of Justice depend on those who make up the Jurisdictional Function, is very wrong Evidently, the human flaw in the Courts and Judicial Units is not due only to legal ignorance as it has to do with the interpretation of the law; because the serious thing we emphasize, it is the frame of limitations with which they are developed, the formal thing of the legal procedures, more and more problematic they entail to that the state fulfills less and less with its assignment. All this with the implementation in procedural regulations of new procedures that, on the contrary, of the jurists who defend it, tend to limit the rights and guarantees of man established in our Constitution and International Instruments, since it is easy to subject a human being to the deprivation of liberty and how difficult is their vindication; that the distortion of the truth is simple and that repairing it is complex; Finally, the levels and the lack of legal security due to the simplification of procedures determine legal structures that lack meaning; it is intended that the stone be carved with a wooden chisel.