“INCONSTITUCIONALIDAD DEL DELITO DE CALUMNIAS TIPIFICADO EN EL CÓDIGO ORGÁNICO INTEGRAL PENAL”

Abstract

It has been investigated that Ecuador is a constitutional state of rights and justice, because it is so defined by Article 1 of the Constitution of the Republic of Ecuador, which means in its legal reality that the legal system and State structure, Its cornerstone the full respect of the human dignity of citizens. Thus, the sub constitutional norm, in the criminal area, being the Integral Criminal Organic Code, must develop and regulate constitutional rights according to the current constitutional norm, but this organic norm, does not comply with that, because it does it unconstitutionally by typifying the calumnies as An offense under Art. 182, is to undermine the constitutional right to express opinions freely expressed in Art. 66.6 of the CRP 2008; Art. 1.1, 2, 9, 13.1 of the Pact of San José; And, the binding precedents with erga omnes effects in the cases Kimel vs. Argentina, Herrera Ulloa Vs. Costa Rica, or The Last Temptation of Christ Vs. Chile. Therefore, it is necessary to expel the offense of slander from the Ecuadorian legal system and thus will comply with the highest duty of the State that consists in respecting and enforcing the rights guaranteed in the Constitution