La vulneración al derecho de recurrir en el auto a llamamiento a juicio

Abstract

The Constitution of the Republic of Ecuador, in article 76, numeral seven, subsection m, enshrines the right to appeal rulings and resolutions in all proceedings in which decisions are made regarding an individual's rights. The Code of Criminal Procedure from the year 2000 explicitly recognized the right to appeal the order to stand trial. However, this right was suppressed through a reform of this legal framework. This exclusion remains in force in the Comprehensive Organic Criminal Code. The contradiction between the constitutional norm and criminal legislation raises questions about the compatibility of the exclusion of the appeal of the order to stand trial with constitutional standards. This inability to appeal is considered a restriction on the exercise of the right to appeal, the right to defense, the principle of progressivity, and the effective judicial protection. This study analyzes the violation of these constitutional rights, particularly the constitutional right to appeal, due to the exclusion of the appeal against the order to stand trial in the criminal procedural legal system. The research was carried out from a qualitative approach through a literature review, conceptual research to delve into the doctrinal definition of constitutional rights, and the Analytical Exegetical method, determining that in Ecuadorian criminal regulations, particularly concerning the exclusion of the appeal, constitutional guarantees are violated, specifically the right to appeal.