Análisis jurídico del otorgamiento de boletas de auxilio y su incidencia en el derecho a la defensa en Ecuador.

Abstract

This article critically analyzes the use of protection orders in the Ecuadorian legal system and their impact on the right to defense of alleged aggressors. These measures, designed to provide urgent protection to victims of violence, have become a tool widely applied by judges and prosecutors. However, their frequent issuance without prior hearings or review mechanisms has raised serious concerns from a rights-based perspective. The study adopts a qualitative approach and draws on the analysis of legal norms, constitutional rulings, specialized doctrine, and international experiences. The findings reveal that although protection orders fulfill a necessary protective function, their issuance without procedural challenge or sufficient reasoning may directly affect fundamental rights such as the presumption of innocence, technical defense, and legal certainty. Furthermore, cases are identified in which these measures have been misused as tools of pressure in family conflicts, undermining their purpose and damaging the credibility of the justice system. Through a comparative study with countries such as Colombia, Argentina, and Mexico, it is demonstrated that it is possible to implement balanced models that respect both victims’ rights and the guarantees of the accused. The article concludes that the Ecuadorian system requires urgent reforms that incorporate mandatory review hearings, clear protocols, and a genuinely rights-based approach. Only in this way can effective, equitable, and human rights-oriented justice be ensured at all levels of the process. Keywords: protection orders, right to defense, due process