Minimum penal intervention: its incidence and importance in the development of the criminal process in the face of the punitive power of the State

Abstract

Introduction: The Ecuadorian State seeks to ensure that the justice system adheres more and more to social reality, setting limits to its sanctioning power, justified by respect for due process as the regulatory axis of the procedural system. Meanwhile, criminal law seeks to regulate that punitive power, framed in the meticulous analysis of the infraction, the defendant and the social reproach. Objective: Analyze the minimum criminal intervention and its incidence in the development of the criminal process against the punitive power of the State. Methodology: In the applied methodology, critical, bibliographical-documentary scrutiny was used, the descriptive technique and the non-experimental design were applied, accompanied by the analytical-argumentative and inductive-deductive methods. For the collection of references, information platforms such as: Scopus, Google Scholar, Redalyc and Scielo were manipulated. Results: The power against crime must be based on a gear of requirements and justifications such as the minimum criminal intervention, considered as that scoop that limits the sanctioning power that conjectures a social necessity of the breach of the legal system. Conclusions: The category that founds the adequate and timely application of that procedural principle of meager criminal interference to regulate the rule of punishment of the state is instituted, concluding that it constitutes that appropriate response to regulate the advance or excessive abuse of the state's sanctioning power against the justiciable.