Constitucionalización del derecho penal: Garantías, límites y desafíos en el estado constitucional de derechos

Abstract

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.