El garantismo en el proceso penal ecuatoriano: una tensión perpetua.

The Ecuadorian criminal and criminal procedure system has been built under the mantle of the guarantee doctrine. However, we can question whether the fundamental precepts of this deontological ideal play a leading role in the practical resolution of specific cases or if they are rather part of a normative ideal, far removed from pragmatic reality. The a priori reality shows us that the guarantee proposal continues to be a goal, the fulfillment of which is immersed in perpetual tensions as a result of the momentum of efficiency and the expansion of authoritarian criminal law, protected by populist criminal proposals, far from the enlightened ideal. The objective of this work will be to highlight the origin of these contradictions and the problems to which it subjects the criminal process that prides itself on respecting fundamental rights, and within the fundamental conclusions we will find that the normative structure of Ecuador does not empirically ensure compliance with the postulates in each specific case. The research method will be legal exegesis, and through bibliographical exploration it will be possible to reveal the origin, nature and tension produced by this dichotomous model. [ABSTRACT FROM AUTHOR]