he The presidential pardon, main legal elements in Ecuadorian legislation

Abstract

The Constitution of the Republic of Ecuador, among its principles and guarantees, grants a special section to persons deprived of liberty. Among them is the Pardon, with singularization and exclusivity of the powers that the National Assembly has to grant or deny it, prior to the initiative and request of the President of the Republic. The Pardon establishes the condonation of a custodial sentence in criminal matters, and for this purpose it has been structured in constitutional and legal norms, the procedure and the conditions for it to be carried out, in favor of whoever requires it, prior to the Law requirements. The present study puts into consideration those elements that have served so that the legal figure of pardon, in our legislation, is constituted as a legal possibility of obtaining freedom; but that being able to be for all those who serve a sentence of imprisonment, it does not favor everyone in reality.
Through scientific investigative methods, such as exegetical, analytical and bibliographical, a line of research projected to fully explain the figure of the Pardon, its characteristics and the way in which it is developed in our Ecuadorian legislation is developed. All these research methods will lead us to obtain legal elements that, analyzed in full, will give us the result of establishing whether this guarantee fulfills a practicable and achievable function in our legislation.