Enemy Criminal Law for Ecuadorian Society: Reflections on a Possible Antihero

Abstract

Enemy criminal law is undoubtedly a topic that prompts deep and challenging reflection, particularly when evaluating its possible application in the Ecuadorian context. This paper seeks to present reflections on this issue, drawing on the analysis of its most influential authors, exploring its most critical aspects as well as certain nuances that, under the current constitutional paradigm, could not be overturned except through reforms that, if enacted, would entail a form of mutation within the Ecuadorian legal system. Likewise, it is emphasized that, even if certain sectors may seek to deny it, there is indeed an open door to the application of
enemy criminal law, evident both in current Ecuadorian legislation and in certain legal institutions, and even in specific criminal offenses. Finally, possible solutions are outlined, or at least the suggestion that enemy criminal law and traditional criminal law could coexist, provided that special requirements and circumstances are met.

Keywords: Enemy criminal law, Ecuadorian society, application, Ecuadorian regulations, constitutional paradigm.