La legalidad de la aprehensión y de la flagrancia y su relación con el debido proceso

The present research work demonstrates the damaged problem in the state legal security, During the development of the flagrancy qualification hearing, deprived freedom does not fit into a flagrant situation even though the justice operator determines that there is a legality in the apprehension. The investigated problem is an accurate and current fact that generates a violation of constitutional rights to people who are deprived of their liberty for probably committing a flagrant crime. However, the judge who guarantees rights does not carry out adequate control of legality in the development of the flagrancy qualification hearing. Chapter I deals with the approach and justification of the problem. The importance of the investigation of this topic and the relevance of constitutional rights will be determined. Also the general and specific objectives that are intended to be achieved with the development of the present investigation. Subsequently, in Chapter II, the states of the art are indicated based on research related to the subject of this investigation. In addition to this, arrest and detention will be characterized as restrictive measures of the right to freedom, flagrancy as a sine qua requirement. Non so that an apprehension can operate, as well as the flagrancy qualification hearing and its importance. In Chapter III the applied methodology corresponds to the basis for the study and analysis of this research. Finally, the study of a practical case was carried out-the lack of qualification of the flagrancy by criminal guarantees judge. In case of the violation of constitutional rights are analyzed together to establish the conclusions of the present investigative work.

• Egile nagusia: Quintanilla Robalino, Byron Paul (author)
• Formatua: bachelorThesis
• Hizkuntza: spa
• Argitaratua: 2022
• Gaiak: Aprehensión; Flagrancia; Debido proceso; Legalidad
• Sarrera elektronikoa: http://dspace.unach.edu.ec/handle/51000/9182