The participation of the Attorney General of the State as coadjutant of the defendant compromises the legal security in the hearings of jurisdictional guarantees before judges of first and second instance.

Abstract

This critical study assessed its effects, proposing regulatory adjustments to Articles 12 and 13. A qualitative approach was applied with different research methods and the use of interviews. It was concluded that reform is crucial to clarify the role of the Attorney General. Judges highlight the need for reforms, while lawyers point out risks of violating the right to defense. It was observed that the Attorney General can supervise or legally represent depending on the context. In summary, the participation of the Attorney General of the State compromises fundamental rights in these hearings, highlighting the urgency of reforms to balance constitutional and procedural interests in the Ecuadorian judicial system.