El principio de favorabilidad frente a nuevos procedimientos del Código Orgánico Integral Penal

Abstract

The recognition of human rights motivated the international decision to protect citizens from the excessive use of the punitive power of the State and with it the need to articulate certain guarantees and principles in order to make said protection effective, including due process and especially the principle of favorability. The purpose of this work is to determine the validity of the principle of favorability in the face of the new procedures of the Comprehensive Organic Criminal Code; The study is based on analytical-synthetic, hermeneutic, exegetical, documentary review methods, bibliographic materials (essays, scientific articles, theses, books, normative documents, etc.) were obtained from different electronic and physical sources. Among the main findings is the conventional, constitutional and legal nature of the principle of favorability; its substantive, procedural and executive content; and its retroactive status. It is a fundamental human right that in Ecuador is considered an autonomous and independent principle of the principle of legality. The dissemination of these findings will allow the updating of the knowledge of those interested in the subject.