Principio constitucional a la presunción de inocencia y las boletas de auxilio en la Unidad Judicial de Desestimaciones Quito, año 2018.

Ecuador is a constitutional State of rights and justice, therefore, it must protect the rights of alleged victims and suspects, therefore, to protect alleged victims, assistance tickets are issued as soon as the complaint is filed, as a result , the administration of justice has violated the rights and constitutional principles of the suspects, because the aid ticket limits the exercise of the rights of the suspect The administration of justice in the exercise of it’s functions must respect and enforce the right to due process, which is plagued by constitutional principles, one of them is the constitutional principle of presumption of innocence, enshrined in number 2 of article 76 which indicates that "the innocence of every person will be presumed, and will be treated as such, as long as their responsibility is not declared by means of a final resolution or sentence" (Constitution of the Republic of Ecuador, 2008). Although it is true, the aid tickets have the purpose of preventing a future violation of protected legal rights, however, in a certain percentage they are issued without the existence of indications of physical or psychological aggression, since it is only required to present the verbal or written complaint, therefore, the criminal news is just known and the preliminary investigation phase begins, but the alleged victim already has a ticket for help against the suspect. There are even cases in which the alleged victim requests the aid ticket without there being any aggression, since the investigation called "The aid ticket filed by the mother and its affectation of the son's right to see and share with his father" ( 2016) concludes by indicating that: The aid ticket has several benefits in favor of a victim, but at the same time it has had negative consequences since it implicitly limits the contact of a child with the parent against whom the aid ticket is issued. In addition, there have been 5 several cases in which these measures have been misused in an effort to hinder the affective bond between a child and her parent. (pp. 4-86) Finally, it is necessary for the administration of justice to seek proportionality in the protection of rights between alleged victims and suspects, in order to prevent the rights of the suspect from being violated in an effort to protect the rights of the victims. In this sense, it is intended to obtain the legal and doctrinal foundations that allow determining the best application of the constitutional principle of presumption of innocence related to the issuance of aid tickets, for this, the mixed and exploratory investigation technique will be used.

• Päätekijä: Tutillo Tutillo, Wendy Selena (author)
• Aineistotyyppi: bachelorThesis
• Kieli: spa
• Julkaistu: 2022
• Aiheet: PRINCIPIO CONSTITUCIONAL; PRESUNCIÓN DE INOCENCIA; BOLETAS; AUXILIO; UNIDAD JUDICIAL DE DESESTIMACIONES; CANTÓN QUITO
• Linkit: https://dspace.ueb.edu.ec/handle/123456789/4796