Maestría en Derecho Constitucional
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Item El principio de proporcionalidad en la reparación integral a las víctimas de infracciones penales en la legislación ecuatoriana(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2021-01) Medina Medina, Vanessa Estefanía; Segovia Dueñas, José LuisEcuador, being a constitutional State of rights and justice, incorporated the principle of integral reparation in criminal law, being a purpose of the penalty should be strictly enforced, so in this degree plan it will be investigated as it has been applied this principle in conjunction with that of proportionality, because it will be demonstrated that the application of both principles is necessary to achieve this purpose, as well as the responsibility of the State to guarantee the fulfillment of the rights of people who come to the criminal system, for which it is investigated by means of the doctrine and comparative law which are the suitable and efficient ways of applying integral reparation, Mexico has been the one who has managed to comply with this part of the sentence, because it is the main responsible for the victim be repaired in the event that the guilty person does not comply with the compensation ordered by the judge, in the same way ra the Mexican legal system has several ways of complying with the reparation mechanisms through joint work with other public institutions, this can be accepted by Ecuadorian legislation and really comply with what is mandated by the Constitution and the Organic Integral Criminal Code ; On the other hand, it is investigated how the principle of proportionality should be applied so that the administrators of justice avoid applying comprehensive reparation in an arbitrary manner, since the rights of the victims are currently being undermined and they are being left in a state of defenselessness by how much by information obtained it is established that in most cases the sentence ordered by the judge is not fulfilled. Therefore, once the administrators of justice know more effective ways to apply this principle (comprehensive reparation) and the way in which they can add in the sentences the different forms of compensation established in the legislation and international treaties through the proportionality test, it will be possible to guarantee a true fulfillment of sentences and therefore of justice in criminal legislation