La concurrencia de la responsabilidad penal y el sobreseimiento

Abstract

This investigation is based on the fact that it is not only aimed at guaranteeing principles, guarantees and constitutional rights that are established both in the Constitution of the Republic of Ecuador, and in the Comprehensive Organic Criminal Code, what is sought is that through a legal reform to accede without restrictions to these principles, guarantees and rights. To be consistent with the present investigative work is always part of the provisions of the Constitution of the Republic of Ecuador of 2008, as the supreme rule, which has constitutional supremacy over any other law, then focus on the International Treaties and Agreements ratified by Ecuador, with the only exception that the same when dealing with human rights are even on the Constitution. The Right to Judicial Protection, comes to make the paradigm of this work, because its main objective is the legal protection of rights, which can not be violated by justice operators. It should not be forgotten that fundamental rights are born with modern constitutions.