La igualdad. Una visión desde los derechos del procesado y la víctima

Abstract

Equality is the objective treatment that the parties to any legal proceeding deserve, especially in criminal proceedings. It implies that the same rights and obligations are recognised equally to all, without any distinction, but this principle is still an aspiration in judicial practice as it is not always guaranteed either in its doctrinal conception or in its legal conception, despite the positive evolution it has undergone. It is even more important in criminal proceedings, when the accused and the alleged victim are in conflict, and therefore its guarantee requires greater attention. In the Ecuadorian case, it is a principle conceived with constitutional and procedural rank, within the criminal sphere, however, its violation can be observed in several cases, which leads to the general objective of this work: to critically review the legal conception of equality as a principle in criminal matters, in the Ecuadorian constitutional and criminal procedural norms. A qualitative research approach is applied, based on scientific methods such as historical-logical, analytical-synthetic and inductive. This shows that the full conception of the principle of equality in criminal matters is insufficient in the Ecuadorian legal system