Derecho penal del enemigo vs derecho penal del ciudadano en el ordenamiento jurídico ecuatoriano

Abstract

The present work aimed to carry out the analysis of the norms contained in the Comprehensive Organic Penal Code that are related to the dogmatic concepts of criminal law of the citizen and criminal law of the enemy, concepts developed mainly by Gunther Jakobs but which are manifested in legislation at the international level, here is the importance of being able to establish with quality what these standards were. It was found that within Ecuadorian legislation there are norms in which both the criminal law of the citizen and the enemy are present; However, since Ecuador is a state that guarantees rights and justice, it is precisely this guarantee from the point of view of constitutional law and protection of protected legal assets that has generated a bipolarity of criminal law, which is often based on mere symbolisms and social placebos that do not contribute anything to society. The methods used to carry out this research were based on documentary approaches such as analytical-synthetic, based on means of a legal investigation such as exegetical-analytical consequence of the analysis of the national standard, a deductive method that goes from the general to the particular, conducting reviews and studies, without neglecting the contributions made by various authors in studies on the same subject.