Violation of basic due process guarantees in the granting of protective measures for victims against the accused

Abstract

Guaranteeing constitutional rights is essential to protect individuals' dignity and freedom. To achieve this, principles must be observed by upholding the legal framework of fundamental rights, such as freedom and legal security, which must be protected and respected by all public authorities. This is especially important for rights protection boards, which are responsible for ensuring the enforcement of constitutional guarantees. Therefore, citizens must be treated equally before the law, without discrimination or privileges. The objective is to determine whether constitutional rights are respected during administrative procedures that proceed to judicial review.

The research followed a qualitative approach, applying historical-logical, analytical-synthetic, and inductive-deductive methods. It was established that in Ecuador's justice system, the institutions responsible for protecting rights often disregard due process, violating constitutional guarantees. Public authorities bear responsibility for legislating clearly to meet international standards of constitutional guarantees. As a contribution, the study highlights the need to regulate and strengthen judges' criteria to ensure their actions consistently respect citizens' rights.