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Revista Universidad y Sociedad
On-line version ISSN 2218-3620
Abstract
RODRIGUEZ CAMACHO, María. Effective criminal defense as a guarantee of due process in Ecuador. Universidad y Sociedad [online]. 2018, vol.10, n.1, pp. 33-40. Epub Mar 02, 2018. ISSN 2218-3620.
Fundamental rights are protected and guaranteed both in the Constitution of the Republic of Ecuador and in the International Treaties on Human Rights, with the objective of describing, under a theoretical approach, effective criminal defense as a guarantee of due process, using as methodology the bibliographic review. Within these guaranteed fundamental rights is due process related mainly to the individual freedom of the people, their dignity, indubio pro reo, presumption of innocence, principle of legality, proportionality between infractions and sanctions, the right to defense, in this The last component provides a series of guarantees, which point out the rights of citizens, not to any defense, but rather effective, technical, timely. Considering that every person has the right to defense and to be assisted by a legal professional, whether private or public, communication between lawyer and client must be free and private, without any restrictions.
Keywords : Criminal defense; due process; right to effective defense.