Legal perspectives on gender violence: search for the balance between non-revictimization and the right to defense

Abstract

This article brings together the different positions, criteria and actions of the subjects involved in the judicial processes specialized in Gender Violence, at the time of obtaining the evidence; This, with the intention of achieving as a general objective a fair balance in the collection of evidence, both for prosecution and defense, with a view to the protection of the victim and aware of the suffering of additional damages that their performance in the process implies. judicial, thus avoiding as much as possible re-victimization; as well as, generating an adequate application of the constitutional guarantees of due process to which every person accused of a crime of this nature is entitled, enabling them to defend themselves appropriately. The methodology applied to the research, by its nature, corresponded to the study, review and consultation of documentary sources, such as books, physical and digital repositories of Universities, theses in fourth level degrees, general and special national regulations; as well as international regulations, academic articles and jurisprudence related to the proposed topic. Furthermore, an analysis was carried out based on criteria collected in the experience acquired in the State Attorney General's Office, as the institution responsible for the exercise of public criminal action in Ecuador; this, in terms of their participation and conservation of their principle of objectivity, correlated in the developed topic. Finally, as results, it was possible to suggest possible recommendations in obtaining evidence, which would balance the application of the constitutional rights in conflict since their categorization is of equal hierarchy.