HISTORICAL EVOLUTION OF THE LAW REGULATING THE DEATH PENALTY IN ECUADOR

Abstract

This documentary-bibliographic review takes the death penalty as a study, with the purpose of describing the evolution of this juridical figure since the to describe the evolution of this legal figure from the colonial and republican periods in the republican period in Ecuador; from a qualitative approach, with a descriptive scope, the analytical-synthetic descriptive scope, the analytical-synthetic method is applied as a general method and as specific and legal dogmatics as specific methods, so that through a bibliographic review, it is bibliographic review to establish the legal modifications with respect to the death penalty in the the death penalty in Ecuador, taking as a central source the Constitutions of the State. Constitutions of the State. The results reveal how the laws in the Colony and in the beginning of the Republic and at the origin of the Republic, contemplated the death penalty for certain execrable crimes, certain norms of due process are foreseen, but at the same time, powers are granted to the ruler to be able to rule or supplant this penalty. penalty. It is the 1906 Constitution, of liberal ideology, which establishes the abolition of the death penalty., and since then all constitutions have guaranteed the right to death. Constitutions guarantee the right to life, prohibiting the State from imposing penalties that penalties that threaten life, this is reaffirmed in the 2008 Constitution of the  Republic of 2008, in which Ecuador is instituted as a constitutional state of rights and justice, determining state of rights and justice, determining the impossibility of reintroducing the reintroduction of the death penalty, since beyond the public debate of its convenience in a context of insecurity the public debate on its appropriateness in a context of insecurity and crime, in order to reinstate it, Ecuador must Ecuador will have to modify in an integral manner