The unconstitutionality of the second paragraph of article 178 of the Comprehensive Organic Criminal Code

Abstract

Introduction: This study addressed the analysis of Article 178 of the Comprehensive Organic Penal Code (COIP) of Ecuador, focusing on its relevance for protecting citizens' constitutional rights, especially regarding the right to privacy. Legal provisions and the implications of their application in various contexts were examined. Objective: The main objective was to understand the scope and importance of Article 178 of the COIP in protecting privacy and other fundamental rights of Ecuadorian citizens. The aim was to identify exceptions and legal measures available in cases of improper disclosure of audio or video recordings. Methodology: The research employed a qualitative approach, supported by an exhaustive review of relevant legal literature sourced from various scientific platforms such as Redalyc, Scielo, and Dialnet. Methods such as inductive-deductive reasoning and analytical-synthetic approaches were applied, along with techniques such as literature review and interviews via questionnaires, to analyze the content and context of Article 178 of the COIP. Results: Article 178 of the COIP aimed primarily to protect the constitutional rights of Ecuadorian citizens, especially their right to privacy, ensuring the confidentiality of personal and familial information. Exceptions were established regarding the disclosure of personal recordings and cases of public information, with legal measures available to address violations of these provisions. Ensuring the constitutionality of laws was fundamental to guaranteeing effective judicial protection and respect for fundamental rights established in the Constitution of the Republic of Ecuador.