Derechos humanos: la aprehensión en delito flagrante, dentro de la legislación ecuatoriana

Abstract

Abstract: This thesis covers the legal and doctrinal study of apprehension in flagrante delicto, in Ecuadorian law. All human beings have a right to freedom, and not only because the Constitution says so, but because it is proper to all persons, without distinction inherent right of any kind. In this research we have developed a conceptual framework, where I proceeded to theorize accurately aspects of criminal procedural law, crime, flagrante delicto, apprehension, detention, due process; etc. Later in the doctrinal framework I discuss all the fundamentals, characteristics and principles governing criminal law, as to the figure of the apprehension in flagrante delicto. Finally developing a legal framework, in which I outlined the constitutional and legal elements, the fundamental right of freedom as the highest expression of a constitutional rule of law and social justice. Finally, I consider particularly important the constant provisions in the American Convention on Human Rights, also known as the Pact of San Jose, as to the figure of detention in flagrante delicto.