Defenselessness in traffic violations in Ecuador. Case analysis (Original).

Abstract

The procedure established to know and resolve matters arising from the commission of traffic violations in Ecuador has brought about many controversies and debates both theoretically and practically, especially in those events in which the violation has been detected by technological means, from which the alleged infringer must be notified through efficient and effective means so that he can exercise the right of defense. However, in practice, people have reported to the Constitutional Court the violation of the right of defense for not having notified or summoned the offender and in addition, when the challenge was established, the judges have issued an order of inadmissibility and archiving, thereby paralyzing the judicial process. In this essay, a theoretical analysis and a case study were carried out that made it possible to conclude the existence of a state of defenselessness that must be overcome through the modification of the rules and practical judicial action. A legal research methodology was used based on the application of the legal theoretical method, the exegetical method and the analysis of jurisprudence. It concludes with a critical approach about the states of defenselessness that occur in the expedited procedure to determine traffic violations.