Browsing by Author "Zurita Bastidas, Carlos Xavier"

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    La agresión con agentes químicos y la tutela judicial de la víctima
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2018-11) Zurita Bastidas, Carlos Xavier; Sánchez Espín, Jorge Enrique
    The present investigation is based on not only seeking a comprehensive reparation of the victim, but is aimed at ensuring that the constitutional rights of victims are respected in a criminal proceeding, but also through a legal reform to achieve that The aggressor receives a sentence in accordance with the damage caused to the victim, always on the basis that the effective judicial protection of the victim is respected, which establishes a sanction in the Ecuadorian penal regulations. One way to be consistent with this research work is to always start with the provisions of the Constitution of the Republic of Ecuador in 2008, taking into account that it is the supreme rule that governs the country, and that same all other laws must be subject to it, otherwise they lack legal effectiveness, because the constitutional supremacy must always prevail. In addition, in case of human rights that are established in the International Treaties and Conventions ratified by Ecuador, these will be of immediate application because they prevail over the Constitution. The Right to Judicial Protection, comes to make the paradigm of this work, because to make a relatively new issue in Ecuador, in other countries this right has already been enforced, as it has to do with due process, with security legal, with the motivation not only of the judgments, but of the orders, of the orders, etc., because its main objective is the legal protection of rights, which can not be violated.