Resumo

BONIFAZ-SANCHEZ, Jhonatan Andres; INFANTE-MIRANDA, Maria Elena  e  MONTECE-GILER, Salomón Alejandro. Violation of the principle of innocence in protective measures for psychological violence in Cuyabeno. Noesis [online]. 2025, vol.7, n.esp1, pp.925-935.  Epub 30-Nov-2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i1.455.

In the Cuyabeno canton, Sucumbíos province, psychological violence was one of the most frequent forms of domestic violence, which led to an analysis of the violation of the principle of innocence in the granting of protective measures. The objective of the study was to conduct a critical legal analysis of the application of such measures in cases of psychological violence during the period from November 2022 to June 2023. A qualitative legal-descriptive research design was used, with a non-experimental and cross-sectional approach, using interviews with victims, lawyers, prosecutors, and judges. The results showed that protective measures were granted quickly, without sufficient evidence and without guaranteeing the right to defense, which led to the misuse of these provisions. It was concluded that the current procedure violated the principle of innocence and highlighted the need for regulatory reforms to define its correct application.

Palavras-chave : Psychological violence; human rights; due process; presumption of innocence; legal protection..

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