Year: 2025
Type: article
Abstract: This article examines the interaction between flagrancy and fundamental rights in Ecuadorian Criminal Law, with a critical focus on the ethical, legal and social implications that arise in situations of flagrancy. Through a detailed analysis of the different forms of flagrancy, it addresses how these situations impact fundamental principles such as the presumption of innocence, due process and proportionality in the intervention. In this context, the tension between the need for procedural efficiency and the protection of human rights is highlighted, especially under adverse social and economic conditions, such as corruption and inequality. The study focuses on the importance of procedural guarantees, such as access to a technical defense, respect for human dignity and compliance with international standards in the Ecuadorian criminal procedural system. In addition, the use of Neutrosophic Cognitive Maps (MCN) is incorporated to model the complexities inherent in decision-making in flagrante delicto situations, allowing an in-depth evaluation of the factors that influence the protection of fundamental rights. The results of the analysis suggest that, although legal mechanisms exist to protect the rights of detainees, contextual pressures can compromise the effectiveness of these rights, underscoring the need for a balance between procedural efficiency and social justice.
Authors: Geovanny Leopoldo Borja Martínez, Sindy Sisa Grefa Calapucha, Doris Mariela Mora Cárdenas
Institution: Universidad Regional Autónoma de Los Andes
Language: English
Topic: Criminal Law and Policy
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4408557284