Maestría en Derecho Penal y Procesal Penal
Permanent URI for this collectionhttp://repositorio.uta.edu.ec/handle/123456789/29523
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Item La limitación del grado de parentesco en las infracciones de violencia intrafamiliar(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2020-02) Hernández Gavilanez, Diana Evelyn; Poaquiza Poaquiza, Angel PatricioThe purpose of this investigative work is to study in a descriptive way limitation of the degree of kinship in intrafamily violence infractions, due to the dark and erroneous application of the norm, since it is free to know that people are subject and subject to the criminal type of violence intrafamiliar, judging and punishing people who are not immersed in the types of protection to them. In the development the end of the limitation of the degree of kinship is analyzed as the one of infractions of domestic violence, doctrinal concepts, jurisprudentials, causes and effects, together with the object of the criminal process, getting to establish what are the penal principles and rights of the active and passive subjects of the criminal offense who have been violated due to such legal flaws, which were analyzed based on concepts of authors and international human rights standards of which Ecuador is a part. Critical-propositive opinions are carried out in the development, with the aim of providing criteria that lead to avoiding existing asymmetries due to state legal persecution.