Análisis del derecho a la defensa material de personas jurídicas patrocinadas por defensor público en la Unidad Anticorrupción

Abstract

This paper presents an analysis of the implications of the material defense of legal entities prosecuted by the anti-corruption unit in Ecuador. It aims to develop a normative approach and address the existing dichotomy faced by judges of the Specialized Judicial Unit for the Prosecution of Corruption and Organized Crime, specifically the tension between realizing justice and continuing proceedings in the face of the risk of impunity. The paper also examines the legal and procedural consequences of judges conducting hearings with a public defender. It outlines the importance of the right to defense, both in its technical and material dimensions, with a reference to rulings from the Constitutional Court and the InterAmerican Court of Human Rights. The objective of this paper is to determine the relevance of material defense for legal entities, to prevent procedural flaws that could lead to the nullity of the proceedings.