The Principle of Proportionality and the Illicit Trade in Fuel

This work critically examines the illicit trafficking of fuels in Ecuador from a legal, constitutional, and comparative perspective, with a particular focus on the principle of proportionality in criminal penalties. The study begins by addressing the strategic importance of hydrocarbons to the Ecuadorian state and acknowledges that their illegal storage, transportation, sale, or distribution generates economic, social, and security consequences that justify an effective state response.The analysis identifies the need for the regime established in the Comprehensive Organic Criminal Code to allow for adequate individualization of penalties. It argues that the volume of fuel is a relevant criterion but insufficient when used in isolation, as the purpose of the conduct, the economic benefit, the degree of participation, recidivism, the damage caused, and links to criminal organizations must also be considered.The study examines Ecuadorian court cases to highlight the challenges related to proportionality, due process, the right to a defense, and procedural mechanisms.