Inobservancia del procedimiento expedito en contravenciones de tránsito por exceso de velocidad y seguridad jurídica en Cuenca

Abstract

This study addresses the legal issue of whether failure to comply with the expedited procedure provided for in Ecuadorian criminal law when adjudicating traffic violations for speeding in the canton of Cuenca has been a practice that has led judges to violate the right to legal certainty in criminal procedural proceedings. To analyze this legal conflict, the general objective of this study was to examine the failure to comply with the expedited procedure in traffic violations involving speeding in the canton of Cuenca. To this end, three specific objectives were established to fulfill this general objective, each of which corresponds to a chapter of this study. Thus, in order to meet the stated objectives, the methodology employed for this research adopted a qualitative approach with a descriptive and analytical-conceptual scope, based on an examination of legal doctrine, regulations, constitutional jurisprudence, and judicial cases. As a result, this study demonstrated that replacing hearings with written orders, the lack of procedural adversarial proceedings, and the erroneous classification of citations undermine due process, the right to a defense, effective judicial protection, and the legal predictability required by legal certainty. This demonstrates that, in the canton of Cuenca, there is a disregard for the binding provisions governing how the expedited procedure must be conducted when resolving challenges to this type of traffic violation.