Análisis de la medida de protección de allanamiento frente al principio de interés superior del niño, niña y adolescente

Abstract

Although, one of the protection measures currently included in Ecuadorian legislation is home searches, as an alternative in cases where it has been ensured that within that locality it is either a fugitive from justice or sufficient evidence to determine them as evidence of crime, one of the fundamental aspects that overcome the importance of any protection measure such as the Best Interest of the Minor, which has been proclaimed thanks to the celebration of the International Convention has been set aside on the Rights of the Child in 1989, hence the importance of the protection of children's rights is legitimized over other legal and procedural processes. Due to this concern, the present work has been carried out, whose main objective is to determine the proportionality of the search warrant if the judge meets the prerequisites for issuing the measure, in which case the methodology used was descriptive and based on a field study to judges of Children and Adolescents it was determined that most of them affirm that to achieve the search warrant if the Higher Interest of the Minor is taken into account, however, either due to lack of effectiveness or knowledge of the norm by the executors of the raid, there are cases such as the one presented in the interview applied to a mother of a minor who was in a raid where he suffered a post-traumatic stress after the action of the public force for the raid, a situation that leaves the great need to include a subsection in article 480 of the COIP regarding the inviolability of the guarantees and rights of the minor over all proceedings or legal and procedural