Browsing by Author "Pazmiño Urquizo, Rafaela Anabel"

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    Los Factores de riesgo y las infracciones de tránsito
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2019-02) Pazmiño Urquizo, Rafaela Anabel; Tite, Segundo Ramiro
    The research work titled: “RISK FACTORS AND TRANSIT INFRACTIONS”, performs an in-depth analysis of the few provisions contained in the Comprehensive Organic Criminal Code (COIP) regarding the risk factors when driving in traffic infractions that consist of five articles, as well as the principles, rights and guarantees contemplated in the Constitution of Ecuador 2008 and other national and international legal sources. After extensive theoretical and field research it was determined that the provisions of the Comprehensive Criminal Code are not sufficient to guarantee adequate training and information for drivers, but on the contrary, many times they are usually the cause of the transit justice bodies incur serious violations to the rights of protection framed in the Constitution because at present what is causing disagreement is the inadequate application of the rights that drivers have to an appropriate training and information about the factors of risk when driving and with this to eliminate the recidivism of the same ones. In this regard Article 1 of the Constitution states: "The equator is a constitutional state of rights and justice, social, democratic, sovereign, independent, unitary, intercultural, plurinational and secular. It is organized in the form of a republic and governs in a decentralized manner ... “in accordance with the provisions of the Comprehensive Criminal Organic Code and other international instruments. The training for drivers on risk factors of traffic infractions is a subject that is taking a great boost due to the alarming figures of recidivism of these drivers at local, national and international level, which is why this investigation is carried out. Aims to offer an alternative solution to the problem, through the Draft Law Reform to the Comprehensive Criminal Organic Code, Eighth Chapter, traffic infractions First section, general rules.