Preferencias académicas de los estudiantes de la carrera de Derecho y su vinculación con los Objetivos de Desarrollo Sostenible (ODS) a través del estudio de sentencias

Abstract

Abstract: The present research work involved the analysis of ruling No. 8-20-CN/21, issued by the Constitutional Court of Ecuador on August 18, 2021, with the purpose of declaring the unconstitutionality of article 536 of the Comprehensive Organic Code Criminal, regulatory provision that limited the replacement of the precautionary measure of prison preventive measures by non-custodial measures in crimes punishable by a penalty deprivation of liberty of more than five years, thus violating the right and principle of equality and non-discrimination. This ruling was analyzed with reference to objective No. 16 of the National Development Plan, to conclude that the ruling of the Constitutional Court better guarantees the right to legal security and material and formal equality, but the basis for the precautionary measure must be better regulated to avoid its abuse, arbitrariness and impunity. Methodologically, the study was based on the qualitative research modality and was descriptive, which, together with the systemic and exegetical research methods, and the technique of signing allowed the meets the objectives of the research.