The Precautionary proceeding in cases of violence against women in opposition to the presumption of innocence in Ecuador (Review)

Abstract

The Comprehensive Organic Law to Prevent and Eradicate Violence against Women represents a positive action by the Ecuadorian State to confront, prevent, and reduce rates of gender-based violence in the country. However, its effectiveness is questionable precisely because, for a law to achieve its purpose, it must guarantee due process from beginning to end. Nevertheless, when applying precautionary measures to individuals accused of gender-based violence, the presumption of innocence is seriously violated because it is effectively nonexistent. A qualitative research approach was applied, using scientific methods such as Historical-logical analysis, Analysis-synthesis, and Exegetical analysis, which allowed for the analysis of the impact of precautionary procedures on the constitutional guarantee of the presumption of innocence in Ecuador. In this sense, it is insufficient to implement measures that guarantee a woman's life and physical, moral, and sexual integrity if there is no assurance that due process is being fully respected. In conclusion, this study highlights the tension between the need to provide immediate protection to victims of gender-based violence and the constitutional obligation to guarantee the presumption of innocence. The results show that this situation compromises fundamental rights and weakens the legitimacy of the justice system, providing critical elements for rethinking the design of precautionary procedures in Ecuador.