A multidimensional study on the tensions between flagrancy and human rights in Ecuador

Abstract

This article examines the interaction between flagrancy and fundamental rights in Ecuadorian Criminal Law, with a critical focus on the ethical, legal and social implications that arise in situations of flagrancy. Through a detailed analysis of the different forms of flagrancy, it addresses how these situations impact fundamental principles such as the presumption of innocence, due process and proportionality in the intervention. In this context, the tension between the need for procedural efficiency and the protection of human rights is highlighted, especially under adverse social and economic conditions, such as corruption and inequality. The study focuses on the importance of procedural guarantees, such as access to a technical defense, respect for human dignity and compliance with international standards in the Ecuadorian criminal procedural system. In addition, the use of Neutrosophic Cognitive Maps (MCN) is incorporated to model the complexities inherent in decision-making in flagrante delicto situations, allowing an in-depth evaluation of the factors that influence the protection of fundamental rights. The results of the analysis suggest that, although legal mechanisms exist to protect the rights of detainees, contextual pressures can compromise the effectiveness of these rights, underscoring the need for a balance between procedural efficiency and social justice.