Examinando por Autor "Calle Narvaez, Johnny Fernando"
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- ÍtemSolo MetadatosEl abuso del Principio de Oportunidad como mecanismo violatorio a las garantías de Seguridad Jurídica y Tutela Judicial Efectiva(Universidad Católica de Cuenca., 2022) Calle Narvaez, Johnny Fernando; Hidalgo Flores, César Felipe; 0302490180; Ordoñez Carpio, Fernando EstébanThis research paper arises from the need for the excessive application of the principle of opportunity in criminal cases, which violates the principles of Legal Security and Effective Judicial Protection that are basic edges in a legal system. Therefore, it was divided into three parts: First, the theoretical basis of the principle of opportunity, definition, origin, its classification in Ecuadorian legislation, and the analysis of the requirements established for its application. Second, the criteria of reasonableness were studied to understand the importance of the analysis that the fiscal agent must carry out in the application of the principle of opportunity, focusing on the specific case to verify compliance with the requirements. Finally, we analyze how the excessive use of the principle of opportunity violates the rights and principles established in the ut supra standard, such as Judicial Protection, Legal Security, and Legality; because the criminally relevant behaviors are typified and do not conclude with a sentence, this principle is also violated.