Vulneración del derecho a la defensa por parte de un defensor público y la falta de tutela por parte del juez en el caso No. 2195-19-EP de Guayaquil

Abstract

This work addresses the study of the right to legal advocacy in Ecuador, examining its concept, normative foundations, scopes, and current limitations. Ensuring the comprehensive protection of the right to legal advocacy, not merely in a formal sense, is crucial for securing efficient access to justice and preventing violation of rights. Through an analysis of Judgment 2195-19-EP issued by the Constitutional Court, it becomes evident how the lack of clear parameters regarding legal advocacy can lead to violations of this right. The study concludes that the current legal framework does not specify the minimal actions a defender must undertake to ensure adequate legal representation. Consequently, this work emphasizes the need for a legal reform that outlines these minimum standards for quality legal advocacy.