In particular, the famous teacher Zavala (2002) reflects on the fact that “no government can be considered democratic if it does not recognize and respect the principle of legality” (p. 85). Therefore, it is impossible to exclude its criminal political basis, but this would mean ignoring the fundamental rights of the co-partners of this principle and would interfere with what Ferrajoli (2009) calls “substantial democracy” in a constitutional state of rights and justice. The importance of the principle of legality is undisputed in all areas, but especially in administrative law. Among other things, because the administration must adhere to a hierarchical legal system according to this principle. This requirement, lex certa, is also known as the principle of completeness or security mandate. For this function to be fulfilled, the law must first determine what deviant behaviours are worth atoning for. The vagueness of the definitions of criminal types therefore constitutes a reduction or impairment of the legal certainty enshrined in article 82 of the Constitution. Finally, by examining the principle of legality deriving from the constitutionalization of Ecuadorian criminal law, it is possible to identify the functions of the guarantees of this principle, namely: function of the criminal guarantee; the criminal security function; Guarantee function judicial guarantee function; and performance guarantee function. Apart from the fulfilment of its other dual essential guarantee function, both political and legal, which means that it is the cornerstone on which the entire legal system of the State rests, as I have pointed out. Under the title of the formal guarantee, it refers to the material content of the principle of legality.

Criminal law, for its part, despite its generalization, must describe precisely in a clear and comprehensible manner, in short, a clear definition of such deviant behaviour and the penalties it imposes on the basis of its implementation. As we have already mentioned in the definition of the principle of legality, deviant behavior and the corresponding penalty must be provided for by law before the offence or human act occurs, that is, within the limits defined by the principle of legality, we find the principle of lex praevia, In other words, conduct can only be considered as a criminal offence and a penalty: if it is previously provided for as such and with the corresponding legal consequence in a positive law in force at the time when the conduct in question was committed. Consequently, the judge or the court of criminal guarantees must assess the facts of the case in accordance with the law in force at the time of their commission or omission. This principle of lex praevia is enshrined in the Constitution (2008, art. 76, No. 3), which covers both the entry into force of criminal law and other penal provisions encompassing the legal order of the State. When formulating this mandate, the law enters into force as soon as it is promulgated in the official register and is therefore binding and will be known to all since then. In fact, the same law may establish a special period for its validity from its promulgation. (Civil Code, art.

(6) The principle of legality was elaborated by the German jurist von Feuerbach (1801) under the Latin expression nullum crimen, nulla poena sine praevia lege (no crime or punishment without privilege), from which Latin aphorisms can also be derived: Nemo judex sine lege (no judge without law or legal appointment); Nemo damnetur sine legale judicium (no one shall be sentenced without trial); and nulla poena sine judicium (no sentence without trial). A look at the principle of legality: the constitutionalization of Ecuadorian criminal law Republic of Ecuador (2008). Constitution of the Republic of Ecuador. Published in Official Gazette No. 449 of 20 October 2008. Available in: www. inocar.mil.ec/web/images/lotaip/2015/literal_a/base_legal/A._Constitucion_republica_ecuador2008c Institution .pdf. Accessed: 2017-08-05.

Based on the basic ideas of the principle of legality, which Paul Johann Anselm von Feuerbach developed within the framework of the Bavarian Code of Law of 1813, the principle of legality, from which it derives, was created by Cesare Beccaria. In Ecuador, the principle of legality is based on numbers. 3, Article 76 of the 2008 Constitution. The development of the dominant doctrine has given way to this principle, which has been set out in four guarantees: criminal law, criminal law, jurisdiction and enforcement. Therefore, in our criminal justice system, these safeguards are found in sections 5.1, 53, 624 and 666 of PICO, which are briefly discussed below. Principles are ideas or postulates that, while not positive in the norm in some cases, allow us to better interpret and justify the creation of the legal system. Therefore, in this work, we will deal with the principles of legality, jurisprudence and typicity that govern public administration; declare that they are contained in the Constitution of the Republic of Ecuador (hereinafter referred to as “REC”) and in the Organ-Verwaltungskodex (COA); stresses that they are interdependent and interdependent, as administrative action must always be adapted to the legal framework. In a broader sense, the principle of reservation of rights is the set of provisions whose regulation concerns only parliaments and which must be defined in the form of a law. This principle is undoubtedly the basis for the support of the doctrine of punishment, whose historical progress depends on the ideas contained in the “Document Bridge” signed by King John Landless in 1215 in favour of the nobles of England. Later in 1237, it appears for the first time in the Magna Charta Libertatum (Magna Charta of Liberties), and in Article 39 it is said: “No free man shall be caught, imprisoned, robbed or destroyed in any way, and we shall not pass him or send him after him, except by the judgment of his colleagues or by the law of the land.” .