La Justicia Sin Rostro como mecanismo para Garantizar la Imparcialidad y la Seguridad de los Operadores y Administradores en Materia Penal

The present Curricular Integration Work is entitled "FACELESS JUSTICE AS A MECHANISM TO GUARANTEE THE IMPARTIALITY AND SAFETY OF OPERATORS AND ADMINISTRATORS IN CRIMINAL MATTERS." The purpose of this investigation is to study and analyze this topic because, in recent years, Ecuador has faced a crisis of insecurity and violence, with daily violations of human rights. This research focuses on the integral, psychological, and moral insecurity that Judges, Prosecutors, and Public Defenders experience within the criminal process from the active subject. It examines how the State fails to take measures to prevent this insecurity, which becomes evident when Operators or Administrators of justice investigate, prosecute, judge, and sentence individuals who commit crimes classified as highly dangerous. Due to their duties, these public servants are subject to threats, intimidation, and attacks. The perpetrators of these acts aim to alter the efficiency and effectiveness of the administration of justice, instilling fear in public servants. By knowing the identity of the judicial server, criminals can bribe them, leading to subjective actions and decisions that transgress and injure the principle of impartiality. These actions violate the due criminal process, leaving cases in impunity, raising the question of the role of the Judicial Function. In comparative law, Faceless Justice has been investigated, analyzed, and debated, and has been adopted by different countries worldwide, such as Colombia, Peru, Italy, and Brazil. This legal figure is a mechanism aimed at protecting Operators and Administrators of Justice. It is considered a specialized type of justice, where having Judges, Prosecutors, Public defenders, or Anonymous Courts would help combat the crisis of insecurity and inefficiency in the administration of justice in Ecuador. Subsequently, surveys and interviews were conducted on this topic with Criminal Guarantee Judges, Public Prosecutors, and Public Defenders working in various judicial institutions. Using the aforementioned methodology, information was collected regarding their knowledge of this legal figure and their stance on its incorporation into the Ecuadorian system. To conclude, it is determined that the National Assembly must make reforms or amendments to the Constitution, the Organic Code of the Judicial Function, and finally, the Comprehensive Organic Criminal Code to accommodate Faceless Justice as a special procedure based on the principles of speed, concentration, contradiction, and procedural economy.

• المؤلف الرئيسي: Guamán Lazo., Sayak Narcisa (author)
• التنسيق: bachelorThesis
• اللغة: spa
• منشور في: 2024
• الموضوعات: DERECHO; DERECHO PENAL; MATERIA PENAL; JUSTIICA SIN ROSTRO
• الوصول للمادة أونلاين: https://dspace.unl.edu.ec/jspui/handle/123456789/31005