El derecho de intimidad y sus implicaciones en el marco del debido proceso en el ordenamiento jurídico ecuatoriano

Abstract

In the search for justice, due process governs judicial proceedings, establishing basic guarantees for the process, whatever its area. On the other hand, the right to privacy is of great importance today, since with the growth of new technologies and social networks, the sphere of intimacy has undergone modifications. The Constitution of the Republic protects the right to privacy, as do the regulatory bodies that establish processes (for example, COGEP, COIP, among others). The objective of this paper is to analyze these two faces, on the one hand, due process, the need to apply rights and, on the other, the right to privacy, making use of analytical, synthetic, exegetical and comparative methods. It is concluded that in Ecuador, the regulatory bodies provide for the right to privacy but also establish clear judicial mechanisms, which allows, for example, in the case of special investigative actions, to violate this right but with the pertinent guarantees of due process.