Atipicidad de la necrofilia y la vulneración de derechos de la familia del difunto

Abstract

Necrophilia is a latent social problem, which has been renegade and made invisible by the Ecuadorian State. This atypical behavior threatens not only the well-being of people who are afflicted by the consequences of said behavior, such as the family of the deceased and their loved ones, but also society in general, since its harmony and security are fragmented by it. This type of crime is provided for in multiple international legislations in different ways; however, even despite existing cases, it is completely ignored in the Ecuadorian context. The present legal and documentary investigation highlights the lack of regulations linked to necrophilia in Ecuador in the Comprehensive Organic Penal Code (COIP), through its analysis. Furthermore, it highlights the need for state support regarding this anomie, to protect the rights linked to the family of the deceased, due to its categorization as semi-subject and thing, and in turn, emphasizes the treatment of necrophilia as a criminal offense in the field internationally. It is intended, then, to make this conduct visible for its classification within Ecuadorian regulations, in order to protect constitutional rights such as psychological integrity, dignity, due defense among others, in accordance with the principles of legality and legal security, allowing the family of the deceased to go to justice, and protect them.