Análisis de la presunción de inocencia en sentencias absolutorias que mantienen medidas de protección en casos de violencia contra la mujer

Abstract

The presumption of innocence is a basic guarantee of the right to due process, considered one of the fundamental principles of current criminal law. It is regulated by the Constitution of the Republic of Ecuador (2008), the Comprehensive Organic Criminal Code, and other international human rights treaties. However, in the context of violence against women and family members, cases have been identified in which, despite acquittals, protection measures are upheld, potentially violating this right. This study examines the legal justification for these measures and their implications for the rights of the accused through an analysis based on various methodologies, such as the inductive-deductive method, legal exegetical analysis, and legal dogmatics. It is evident that the continued enforcement of protective measures following an acquittal may violate the right to presumption of innocence due to the lack of sufficient legal basis for their application once a verdict of innocence has been reached. This situation creates a conflict in legal practice that should be reviewed in accordance with national and international norms.