Principios de favorabilidad e irretroactividad en el sistema de progresividad de la rehabilitación social ecuatoriana.

Abstract

The theme of this investigation is the progressive system of Ecuadorian social rehabilitation, focusing on the changes that it experienced from the reform of the Comprehensive Organic Penal Code in 2020. In this subsequent law an exception to the access of the regimes for certain offenses, which implied a retroactive effect on the rule. In addition, the conflict of these two norms arises and the question of which is the most favorable for the convicted person, being necessary to apply the principle of favorability in response. Therefore, the objective of this work is to analyze the principles of non retroactivity and favorability in the progressive system, and their effects. This investigation is qualitative, resorting to the analytical-synthetic method, collecting doctrinal, normative and jurisprudential information, in addition to the use of hermeneutics that helped us to interpret the principles from a teleological and systematic interpretation. As a conclusion, it was determined that the retroactive effect of the progressive system is unfavorable, putting at risk the legal security of individuals, and that with the application of favorability, systematically interpreting it, the previous law was considered as the most favorable and in accordance with the order legal.