Browsing by Author "Morales Cajamarca, Paola Maribel"

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    El Derecho Constitucional de no autoincriminación penal y el procedimiento abreviado del ecuador
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2021-01) Morales Cajamarca, Paola Maribel; Acosta Morales, María Gabriela
    The right of non-self-incrimination is in force in our constitution approved in 2008, therefore and in compliance with the speed and simplification of the processes, the abbreviated procedure is part of the decentralization of justice, being part of the Organic Code of Penal Procedure seeks to be more efficient by reducing the steps to issue a judgment. In article 635 of the Comprehensive Organic Penal Code, the abbreviated method is revealed as an alternative to the ordinary Penal procedure, proposing from the defense of the accused or the administration of justice methods for the reduction of a possible sentence, putting in evidence anti-constitutional laws that violate people's rights. For this reason, the principle of non-self-incrimination is affected by the need to reach an agreement between the parties in a trial. This is why the detonating factor is that one of the parties involved agrees to render versions of guilt in order to reduce or negotiate a sentence.The present work tries to analyze how a right such as non-self-incrimination is violated by actors who seek a benefit, be it these parts of those who direct the judicial norm by trying to expedite processes that take time until the trial. The right to autonomy of will of the parties constitutes for a good part of the doctrine a relatively new concept and sometimes considered of little doctrinal development, since it was from the French revolution and the development of new relations that a different conception of civil relations began to be created, based on the freedom of contracting. However, this freedom has been limited by legislation in order to guarantee legal security and has been relegated by normative formalities in some areas of the law. Just as the right of will has been established at the time of establishing a contractual relationship, a set of formalities have been developed for a very long time as a requirement for executing certain legal acts, so the same legislation has designed a whole system of protection for the contracting parties, which sometimes, as in the case of intestate succession, may be considered contrary to the autonomy of will. In this paper we will analyze the act of intestate succession as a characteristic act of notarial formality, its possible contravention of the autonomy of the will, and consequently, as an element generating limitations to the right to property. In this respect, an analysis will be made of whether the institution of succession and the formalities imposed by the notarial requirements could restrict the parties' right to autonomy of will and thus affect their rights.