Efectos Jurídicos de la suspención del Procedimiento para juzgar los delitos de Violencia contra la mujer y miembros del Núcleo Familiar

Abstract

Personal physical, psychological, sexual, and moral integrity is recognized as a fundamental right in international instruments signed by Ecuador; likewise, in the national constitutional and legal system, however, in the Ecuadorian society, many behaviors undermine and violate this right. The offenses that have the highest incidence are those related to crimes of violence against women and members of the family, which according to the rules of the Criminal Procedure Law, must be substantiated in a unified, special, and expeditious procedure. The precepts that regulate this process establish the possibility that it may be suspended at the request of the victim. This situation entails a legal problem that implies the violation of personal integrity and the right to integral reparation to the detriment of the victim, the impossibility for the aggressor to be rehabilitated, and the increase of these criminal conducts in the country. The aforementioned problem has been investigated in this paper, to show that the provisions on such suspension are not in agreement with the right to effective judicial protection nor to the integral protection that the victim should receive.