Derechos y garantías en la ejecución de la pena privativa de libertad y su regulación en el sistema penal ecuatoriano

Abstract

This monograph seeks to highlight the contrast existing between reality and the utopian world of the execution of the deprivation of liberty at present, through an analysis of rights and guarantees in the context of a stage of criminal proceedings, which historically a consequence of a lack of interest in what may happen after a conviction has been forgotten, a phase completely foreign to the law. Search for the verification of the objective stated by the Constitution of the Republic of Ecuador of 2008, the Comprehensive Criminal Organic Code published in 2014 and the Regulation of the National Social Rehabilitation System of 2016, a Penitentiary System of Guarantees, Substantive Criminal Law, the Law Criminal Procedure and the Penitentiary, unified and with a single objective, the social rehabilitation of the prisoner. The state's effort to overcome the stigma of an archaic prison system, which promotes the entrenchment of rights and guarantees a group of priority attention in particular, persons deprived of liberty, has been marred by several claims made by inmates of the Regional Social Rehabilitation Center Sierra Sur de Turi; the lack of a jurisdictional authority in the execution of the sentence, a Constitutional Judge without competence to know the execution of constitutional guarantees raised by persons deprived of liberty, allows the arbitrariness and the abuse of the administrative authority; Failures of a criminal system that calls itself a guarantor motivates this project.