Browsing by Author "Villarreal Barrionuevo, Catty Valeria"

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    La tenencia de sustancias estupefacientes para el consumo inmediato y la aplicabilidad de la ley en la unidad de garantías penales de Tungurahua
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales , Carrera de Derecho, 2016-11) Villarreal Barrionuevo, Catty Valeria; Cotés Naranjo, Edwin Wilfrido
    The present investigation looks that inside the cases of narcotic substances for the immediate consumption and consequently his judgments, the constitutional beginning and the law are respected, since the lack of partial or complete application damages the constitutional beginning beside creating juridical insecurity and socioeconomic problems. In the Judge of the cases of immediate consumption must be observed 3 fundamental factors that are the tests of post and the tests of discharge due asked realized and presented beside respecting all the beginning in order that it could judge of igalitarian form without being absent to the law respecting beginning and procedural times. In the Ecuadoran legislation in the Organic Code of the Judicial Function only one finds the sanctions to the judges and judges but on not having specified this type of cases in this does not take correct the sanctions established for not applying the law of correct and complete form besides which the above mentioned sanctions are not sufficient to assure the correct, and like that application to come to the equality in the dijudication of these cases, we observe that this to the moment to pronounce sentence is fulfilled in a partial way or several times do not fulfill, due to that does not apply to himself in a correct way the law as for possession of narcotic substances couple the immediate consumption. The judgments must obey to the constitutional beginning beginning with that of equality for what the cases should be judged equally observing the tests, aggravating circumstances, attenuants and in general everything what surrounds to the chance this beginning established in the article 11 and on the other hand the beginning of constitutional supremacy In the decisions will not be able to restrict, to reduce or be not to observed his content this established in same article 4 of Organic Code of the Judicial Function, in case of conflict between procedure of different hierarchy, the Constitutional Court, the judges and judges, administrative authorities and public servants by it, they will solve it by means of the application of the hierarchic top norm.