Derecho

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Start date: 2020Subject: search.filters.subject.DERECHOS FUNDAMENTALES

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    La calumnia como infracción penal y la pena privativa de libertad en defensa del derecho al honor y buen nombre
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-03-27) Alquinga Masapanta, Jonathan Stalin; Acosta Morales, María Gabriela
    Tn the Republic of Ecuador, slander has undergone a significant change in its legal treatment after the reform of the Comprehensive Organic Criminal Code (COIP). Previously, this conduct was classified as a contravention, but due to the seriousness of false accusations that threaten the honor of people, the legislator chose to reclassify it as a criminal offense, punishable by imprisonment. This change reflects a more severe approach to the protection of fundamental rights, particularly the right to honour, which enjoys special normative protection as a legal right ofthe first order. The objective of this study is to analyze the effectiveness of the penalties established for slander in the constitutional framework, with emphasis on the protective and preventive function of the same, and in particular in the protection of the right to honour and good name. Through a qualitative methodology and type of bibliographic research, information was collected from secondary sources and interviews were conducted with professors of criminal law, which allowed us to obtain a broad overview of the legal implications of this figure. The analysis reveals a negative perception of the effectiveness of the custodial sentence in terms of the full restoration of the right to honour and good name. Although the criminal sanction punishes the offense committed, it does not achieve comprehensive reparation for the damage caused, which suggests that the custodial sentence does not adequately fulfill the reparative function that would be expected in these cases. The right to honour, being a fundamental legal right, requires more effective protection that includes not only punishment, but also more comprehensive mechanisms of reparation and restitution. The custodial sentence, although it punishes criminal conduct, is not the most appropriate measure to prevent or remedy the damage caused by slander, so the need to review the sanctions arises and to consider more effective alternatives to protect the right to honor and good name in line with constitutional principles and international human rights standards.
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    Delito de ataque o resistencia y la proporcionalidad de la pena
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2020-07) Mopocita Pasochoa, Karla Aurora; Pazmiño Vargas, Klever Alonso
    The proportionality of the penalty within the offense of Attack or Resistance Art. 283 COIP, is a subject of great social interest, because this is the type of illicit behavior in recent years has grown exorbitantly where at the moment in the that the judge issues condemnatory sentences does not exist a differentiation between the actions or results that This article is not related to the axioms, but also with the legal and doctrinal principles in which the penalty imposed by the state is mentioned, must be proportionality or equitable to the illicit act committed by an individual. In the development of the present investigation, we will study and consequently an analysis will be made in reference to; principle of proportionality, and its application within the area of criminal law, as well as, the approach, the response, compliance with the law, the qualification of this crime and the penalty that will be imposed on the president. . Both the international instruments and internal regulations, the accounts such as the Constitution and the Comprehensive Organic Penal Code for the handling of justification for fundamental rights, guaranteeing a process, a contradictory public hearing, as well as a sentence duly motivated and within this is a deprivation of liberty proportional to the illegal act against the government, without neglecting the social reintegration of a person in conflict with the law.