EL PERITAJE ANTROPOLÓGICO Y SU USO EN EL PROCESO PENAL ECUATORIANO

Abstract

The purpose of this research is to make an analysis on the use of anthropological expertise as a means of proof within the Ecuadorian criminal process, visualizing its use to achieve effective judicial protection and guarantees of due process. It is for this reason that the objective of this study focused on establishing the uses of this expert evidence in the criminal process, as well as the flaws and distortions of interpretation that occur in judicial practice. In this sense, the research was based on a theoretical-normative review of anthropological expertise and its practical application in the reality of criminal proceedings. In this way, we seek to make known the uses of this means of proof and how it can contribute to the judging and effectiveness of sanctions against people within the framework of a diverse worldview. Regarding the research methodology used, the qualitative modality was applied with doctrinal study, review and analysis of Ecuadorian regulations and case studies, based on inductive and deductive methods, as well as analysis and synthesis that have allowed each of the units to be broken down. of study referred to. As a result, it was obtained that anthropological expert evidence must be studied in depth by justice operators, in order for it to be included with greater regularity and relevance and allow access to higher standards of justice from the perspective of the constitutional state of rights.