Unconstitutionality in the classification and prosecution of the crime of unjustified private enrichment in Ecuador

Abstract

This present article establishes that the normative principles, rights and guarantees recognized in it have a higher hierarchy than the rest of the legal system, thus limiting the punitive and arbitrary power of the State.The introduction of the crime of "Unjustified Private Enrichment" was relevant because it focused on punishing illicit enrichment in the private sphere, a novelty in Ecuadorian legislation that previously only applied to those who exercised public functions or benefited from their relationship. with them. The legal and constitutional analysis of this figure sought to determine its protected legal right, relevance, vulnerability and its adaptation to the principles of protection of rights and constitutional protection.The work focused on the analysis from different perspectives, such as Legal Doctrine, Criminal Law, Legislative Technique, Minimum Criminal Law and State Policy. It was considered that criminal regulations should be interpreted in the sense that best suits the Constitution and international human rights instruments, prohibiting the use of analogy to create criminal offenses or restrict rights.In conclusion, the study sought to understand and analyze the criminal figure of "Unjustified Private Enrichment" from a legal and constitutional perspective, evaluating its conformity with constitutional principles and the protection of rights in Ecuador.