La criminología mediática y el principio de inocencia en el Ecuador

Abstract

Ecuador is a country that has always faced a problem that transcends years of history and persists today: effectively regulating the transmission of information through all media outlets. Therefore, this research project aims to analyze the influence of media criminology on the presumption of innocence in Ecuador. The methodology of this research was developed using a qualitative approach, incorporating descriptive and analytical doctrinal aspects. Documentary and bibliographic research, as well as legal provisions, were employed. Interviews were also conducted with parties involved in legal proceedings and those affected by media criminology. The results of this research revealed violations of fundamental rights, such as the presumption of innocence, honor, and image of individuals undergoing legal proceedings. Furthermore, the indirect impact of media pressure on the institutions responsible for conducting and making judicial decisions was also observed. The analysis of these results revealed the need to implement spaces within and outside educational and state institutions to raise awareness about the sensitivity surrounding the excessive dissemination of information and to communicate the consequences of violating the presumption of innocence. It also highlighted the need for collaboration among state institutions responsible for conducting legal proceedings, such as the Council of the Judiciary and the Attorney General's Office, to effectively safeguard and classify information as non-disseminative. This leads to the conclusion that, although Ecuador is considered a state that guarantees rights, in reality and practice, rights enshrined in international and constitutional law are constantly violated.