The right to defense in the preliminary investigation phase in criminal matters, with notification to the public defender's office, without any action

Diego Francisco Granja Zurita ,Israel Emiliano Montenegro Bósquez ,María Cristina Espín Meléndez
Keywords: Right to defense, notification, due process, Public Defender's Office. ,


The Ecuadorian state has been recognized by the Constitution of the Republic of Ecuador as a constitutional state of rights and justice, which implies that the actions of all the institutions that make up the state must be subject to the current legal system, with special emphasis on the Constitution as the hierarchically superior legal norm.  The Constitution of the Republic of Ecuador recognizes a broad catalog of rights, among which is due process, which is made up of various guarantees and rights, among which is the right to defense, which in turn is made up of several guarantees. Within this investigation, an analysis has been carried out to determine whether the notification of all the proceedings of the investigation prior to the mailing of the Public Defender's Office guarantees the right to defense, and likewise the technical defense that must be guaranteed by the public defender.