Browsing by Author "Alquinga Masapanta, Jonathan Stalin"

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    La calumnia como infracción penal y la pena privativa de libertad en defensa del derecho al honor y buen nombre
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-03-27) Alquinga Masapanta, Jonathan Stalin; Acosta Morales, María Gabriela
    Tn the Republic of Ecuador, slander has undergone a significant change in its legal treatment after the reform of the Comprehensive Organic Criminal Code (COIP). Previously, this conduct was classified as a contravention, but due to the seriousness of false accusations that threaten the honor of people, the legislator chose to reclassify it as a criminal offense, punishable by imprisonment. This change reflects a more severe approach to the protection of fundamental rights, particularly the right to honour, which enjoys special normative protection as a legal right ofthe first order. The objective of this study is to analyze the effectiveness of the penalties established for slander in the constitutional framework, with emphasis on the protective and preventive function of the same, and in particular in the protection of the right to honour and good name. Through a qualitative methodology and type of bibliographic research, information was collected from secondary sources and interviews were conducted with professors of criminal law, which allowed us to obtain a broad overview of the legal implications of this figure. The analysis reveals a negative perception of the effectiveness of the custodial sentence in terms of the full restoration of the right to honour and good name. Although the criminal sanction punishes the offense committed, it does not achieve comprehensive reparation for the damage caused, which suggests that the custodial sentence does not adequately fulfill the reparative function that would be expected in these cases. The right to honour, being a fundamental legal right, requires more effective protection that includes not only punishment, but also more comprehensive mechanisms of reparation and restitution. The custodial sentence, although it punishes criminal conduct, is not the most appropriate measure to prevent or remedy the damage caused by slander, so the need to review the sanctions arises and to consider more effective alternatives to protect the right to honor and good name in line with constitutional principles and international human rights standards.