Violación del derecho a la defensa al impedir contar con el tiempo adecuado para la preparación de su defensa

Abstract

Defense, as a form of protection does not have a definite time or origin, because it is part of nature and dates back to the beginning of life itself; when by unknown threats it was forced to develop its own means to guarantee it’s security. In comparison, defense as a human right, has recent beginnings, as is often the case, in the Roma Civilization, which has evolved such times to the present day. In this development, the need for those who could represent and lend their knowledge in the fase of constant norms and laws arose, giving way to the work of the legal defender. Philosopher of iusnaturalism, such as Cicero or Thomas Aquinas, argued that defense is a right inherent to human dignity and prior to the State itself. Justice demands that all the opportunity to defend themselves. In Latin America, and particularity in Ecuador, the tensión betwen speeding up criminal proceeding and ensuring an adquate technical defense has generated significant debates. Pretrial detention, procedural deadlines and the quality of legal representation are critical issues that require in-depth análisis, both from legal theory and judicial praxis. This paper is part of this dialogue, adopting a critical perspective towards institutional and normative dynamics that sometimes prioritize speed over substantive justice. Through a methodological approah that combines documentary análisis, jurisprudencial review and comparative stury, it seeks to explore the contradictions and legal gaps that affect the effective exercise of the right to defense. The objective goes beyond the mere identification of problems: it proposes reflections and solutions aimed at strengthening the balance betwen legal security, effective judicial protection and unrestricted respect for due process. In a scenario where pretrial detention and the limited resources of key institutions such as the Public Deffender’s Office condition access to justice, this study invites us to rethink how the legal system can evolve to ensure that no fundamental right is left behind in the name of efficiency. Human dignity, the presumption of innocence and equality before the law are not mere abstract concepts, but concrete demands that require coherent and proportional responses from the rule of law. In the search for fair procedural time limits, the legislatura bases its action on constitutional principles such as effective judicial protection, immediacy and procedural speed, which require propot justice without delays. In matters of pretrial detention, the Constitution articulates time limitations and provides for exceptions that suspend the expiration of the time limite to prevent the accused from benefiting from his own obstruction. Howeber, these mechanism do not contemplate delays attributable to the Public defender’s Office or the judicial administration, which leaves a loopthole that can undully pretrial detention. This study entitled “Violation of the Right to Defense by Preventing Adequate Time for the Preparation of the Defense”, Will verify through normative, jurisprudential and historical-comparative análisis, the aforementionet legal problema and the criterio to harmonize speed and procedural efficiency with the right to an effective technical defense, equality of arms and sufficient time and means for the defense.