El acuerdo ministerial n° 5233-a del ministerio del interior y la vulneración al debido proceso en la separación de los funcionarios de la policía nacional del Ecuador

Abstract

The present investigation arises from the integration of two specific variables that structure the subject as a whole, establishing itself as: “THE MINISTERIAL AGREEMENT N° 5233-A OF THE MINISTRY OF THE INTERIOR AND THE VIOLATION OF THE DUE PROCESS IN THE SEPARATION OF OFFICIALS OF THE ECUADOR NATIONAL POLICE”. It should also be mentioned that, the problematic axis in a succinct way, follows from the fact that the members of the National Police, not having passed the polygraph test at the time, have been subject to sanctions, without being able to exercise effective judicial protection, without being able to exercise the right to contradiction, without being able to exercise the right to self-defense, violating the principle of innocence; being that, these principles and rights, in addition to being part of the integrality of the rules of Due Process, are also recognized as fundamental; For this reason, it is conceived that the Ministerial Agreement subject to analysis attempts against such high designs of the Constitution, leaving aside the guarantee that it advocates. In chapter I of the investigation, the doctrinal background and the problematic reality of the project are presented, in order to justify the reason why this investigation has been developed and carried out. In chapter II, the state of the art of research, that is, previous research, has been established in relation to the variables proposed in the structuring of the topic; then, they are developed, under doctrinal aspects of different authors that validate the research, regarding the principles and rights that could be being violated in the problematic investigative context. In chapter III, the methodological foundation of the research is developed, the base being the quantitative-qualitative application, for which, the documentary and bibliographic analysis of the existing doctrine was taken, to establish a questionnaire submitted to a judgment of the respondents , so that these in turn, transform their perspectives to percentages that can give us a general conception of the problematic reality presented. In chapter IV, the conclusions and recommendations are developed, which have been obtained by the doctrinal, bibliographic study, plus the application, tabulation and analysis of the surveys.