Las decisiones administrativas de los centros de rehabilitación social y el derecho a recurrir de las personas privadas de libertad

Abstract

The administrative resolutions issued by the Directors of the Deprivation Center of Liberty in front of the constitutional rights of the people deprived of liberty who are under their protection, proposes an analysis regarding the legal effect that they produce in this population group, mainly regarding to his right to appeal or the right to a double instance, when the prisoner considers said administrative act as a transgressor of his rights, since from the analysis of the current prison regulations it is concluded that the only recourse to which he can access is that of appeal. Ecuador is a social State of rights and justice, where its main duty is to guarantee the effective enjoyment of the rights of citizens without any distinction, in this regard the legislator with the creation of specialized regulatory bodies already makes a distinction regarding the processing of challenges to administrative acts issued by any administrative authority other than the penitentiary system, in which the right to appeal contains a greater number of tools prior to their knowledge in the jurisdictional sphere, contrary to what is empowered with regard to administrative decisions originating from a penitentiary authority that only consider the resource of appeal before the jurisdictional authority called judge of penitentiary guarantees. For this research, a qualitative-quantitative methodology was used, one of the main tools for data collection being the survey and the interview, through which the criteria of the legal professionals, justice operators of the city of Riobamba immersed in the penal and penitentiary sphere, as well as the Director of the Center for Deprivation of Liberty in the city of Riobamba; obtaining as a result that if the right to appeal of the persons deprived of liberty is violated against administrative acts issued by the authority of the prison, not only because the appeal is the only recourse but also because this type of administrative act does not have a review of legality that limits the discretion of the authority from which it comes.