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El indulto presidencial y su indebida aplicación: el caso Cofiec

Abstract:

This investigation approach the position that the rules that regulate the pardon in Ecuador are unconstitutional and produce its undue application, because the regulation is insufficient respect to the conditions and limitations of this figure which, although it is discretionary of the President of the Republic its granting can not be arbitrary. Reference is made to the figure of the pardon in the Constitutional State, so the historical evolution that has had the pardon is developed, since it has gone from being an archaic figure that responded to the will of the King, to the current constitutional model. In addition, comparison is made with other related figures that are the right of grace and amnesty, for this is taken into account the doctrine and comparative legislation. Later, the pardon respect to the Ecuadorian legislation is analyzed, which shows that the way to give the pardon can be by executive decree, but the way to regulate this figure has to be by Law. Finally, the case COFIEC is analyzed in particular and it is established that its application is undue.