Alcance del derecho a la defensa respecto a la actuación de la Defensoría Pública según la Corte Constitucional

Abstract

Abstract: This essay analyzes the scope of the right to defense against the legal functions established in the Public Defender s Office, from the jurisprudential perspective of the Constitutional Court of Ecuador. The analysis carried out establishes that this right, enshrined in art. 75 and 76 of the Constitution, are not exhausted by the mere appointment of a public defender, but require a technical and timely defense. The study, using a qualitative approach and three methods of investigation (exegetical, jurisprudential and analytical-critical), was able to establish the main constitutional rules on technical defense and the procedural consequences of their non compliance. This demonstrates that a lack of diligence or preparation on the part of the public defender can lead to violations of due process, leading to defencelessness and compromising access to the judicial system. From the analysis of several judgments of the Court, it is concluded that public defence must be effective to ensure real access to justice.