La prohibición de reforma peyorativa como principio y garantia constitucional

Abstract

The non reformatio in peius is a constitutional principle and a procedural guarantee that limits the decision-making power of the superior judge, prohibiting aggravating the situation of the defendant who has appealed the sentence or part of it as sole appellant. The exception to the application of this principle is found in decisions that by law must be submitted for consultation. Around this principle, a broad jurisprudence of the Constitutional Court and the Supreme Court of Justice has been consolidated, which have defined its scope and application, contrasting the aforementioned principle with that of legality, the due process and the right of defense.