Constitucionalización del derecho penal: Garantías, límites y desafíos en el estado constitucional de derechos
The work addresses the constitutionalization of criminal law in Ecuador, analyzing how constitutional principles and guarantees condition the exercise of punitive power. The first chapter explores the historical origins of constitutionalization and its impact on criminal law, highlighting the tra...
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| Main Authors: | , , , , , , , |
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| Format: | Online |
| Sprog: | spansk |
| Udgivet: |
Editorial Grupo AEA
2026
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| Fag: | |
| Online adgang: | https://directory.doabooks.org/handle/20.500.12854/173362 |
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| Summary: | The work addresses the constitutionalization of criminal law in Ecuador, analyzing how
constitutional principles and guarantees condition the exercise of punitive power. The first chapter
explores the historical origins of constitutionalization and its impact on criminal law, highlighting
the transition to a constitutional state of rights. This change implies that the Constitution and
fundamental rights are the normative framework that guides the exercise of punitive power. In this
context, emphasis is placed on the material supremacy of the Constitution, which requires that all
laws and legal practices, including criminal law, be aligned with constitutional principles. The
second chapter examines the constitutional framework of Ecuadorian criminal law, highlighting
the principles that govern the exercise of punitive power, such as legality, proportionality, and
human dignity. It also analyzes the role of the Constitutional Court in the interpretation and control
of criminal law, highlighting the importance of constitutionality and conventionality control in the
protection of human rights. The book also focuses on pretrial detention in Ecuador, emphasizing
its exceptional nature and the risks of its excessive use, which can lead to the violation of
fundamental rights. Finally, it raises the need to strengthen constitutional guarantees to ensure a
fair criminal justice system that respects human rights. |
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