DERECHO PENAL DEL ENEMIGO: INADMISIBLE EN UN ESTADO CONSTITUCIONAL DE DERECHO, PERO UNA AMENAZA LATENTE EN LA LEGISLACIÓN PENAL ECUATORIANA.

Abstract

The present investigation has as purpose to expose the foundations of the Constitutional State of Rights and Justice of Ecuador, that is sustained in the protection of the human rights and the preconization of the human person like the center of the state action, giving an equal treatment to all the people , including this aspect in the criminal prosecution of a person; but the Ecuadorian penal legislation from the promulgation of the Integral Penal Organic Code, introduces doctrinal criteria and typifications of new criminal conducts, derived from the criterion denominated "criminal law of the enemy"; theory that provides an explanation to the alleged unequal treatment provided by the State to people who are facing the commission of illegal acts, stratifying them between citizens and enemies, a fact that leads us to generate an analysis on whether these elements are harmful to the Constitutional State. In order to achieve the stated objective, we resorted to scientific research methods: historical - logical, hermeneutic and comparative legal; applying the technique of interpretation and analysis of doctrinal and normative contents. An identification of the basic budgets of the Constitutional State is made in the infra constitutional normative generation and the constitutional principles that are violated with the criminal norms contained in the COIP that would suffer from criteria derived from the criminal law of the enemy. As a result of the investigative process we have that there are COIP norms that are harmful to the Constitutional State, and consequently a control of constitutionality must be generated.