Jurisprudencia y Ciencias Sociales

URI permanente para esta comunidadhttp://repositorio.uta.edu.ec/handle/123456789/892

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  • Miniatura
    Item type:Ítem,
    La suspensión condicional de la pena y la igualdad formal
    (Universidad técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-11)
    Santamaría Navas, José Daniel
    ;
    Rodriguez, Cristian
    The research focuses on evaluating whether the conditional suspension of sentences, regulated by Article 630 of the Comprehensive Organic Criminal Code (COIP) of Ecuador, violates the principle of formal equality by limiting its application to crimes punished with sentences not exceeding five years of imprisonment. It questions whether this restriction imposes unequal and unjustified treatment on defendants without considering the particularities of each case. The research employs a qualitative and documentary approach, reviewing and analyzing relevant laws, jurisprudence, and legal literature. A jurisprudential matrix is created to collect and systematize rulings from the Constitutional Court of Ecuador and other relevant courts. Additionally, a bibliographic review is conducted to contextualize and deepen the theoretical and normative concepts related to the conditional suspension of sentences and the principle of formal equality. The analysis of rulings reveals that the fiveyear limit imposed by Article 630 of the COIP can result in unequal treatment for defendants. Judicial decisions emphasize the importance of evaluating each case based on its specific circumstances, respecting the principles of proportionality and necessity. The analyzed rulings underline the need for an equitable interpretation and application of criminal norms to ensure respect for the principle of formal equality. The research concludes that the conditional suspension of sentences, as currently regulated, may violate the principle of formal equality by not considering the particularities of each case
  • Miniatura
    Item type:Ítem,
    Las multas del Código Orgánico Integral penal y la proporcionalidad
    (Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-03)
    Cisneros Guevara, Liduvina Susana
    ;
    Tite, Segundo Ramiro
    The Dictionary of the Spanish Language (2022), states that the fine is the "administrative or criminal sanction that consists of the obligation to pay a certain amount of money" in this sense, the fine is a pecuniary punishment that consists of the obligation to make financial compensation for the commission of a crime in Criminal Law or as a way to sanction a breach in the administrative field. The writer Eugenio Zaffaroni, in his work on Criminal Law, states that proportionality is“The principle of rationality can be assimilated to that of punitive proportionality since it is considered undermined at the time of imputing penalties that do not turn out to be in accordance with the unjust caused by the commission of a crime, which must be inexorably considered in order not to injure further the principle of humanity through the imputation of irrational penalties”. (2005, p. 325).In the present research work is of great interest and of great importance because it will be carried out due to the need to find a legal technical analysis on the proportionality of the fines that are established in Art. 70, of the Comprehensive Criminal Organic Code. Unfortunately, despite the fact that it was a good idea to have fines that are onerous for the environment in which we live, they have been very complicated to enforce on the part of the sentenced person, especially in crimes whose sentences have a sentence of ten to thirteen years. While, when speaking of proportionality, this goes much further, because it is the ability of both the Assembly member and the executive and judicial authorities to be able to act using weighting when establishing each of the penalties fee.
  • Miniatura
    Item type:Ítem,
    El poder punitivo del estado y la proporcionalidad de la pena para el delito de peculado
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2019-12)
    Santamaría Altamirano, Diego Paúl
    ;
    Tite, Segundo Ramiro
    ABSTRACT The Punitive Power of the State or Ius Puniendi "consists of the sanctioning power it has to impose a penalty on anyone who has infringed a legal norm. This represents an emanation of its sovereignty, and not a mere subjective right to punish". (Gonzalez, 2014). This power that a State has to impose the sanctions that correspond to each one of the crimes, allows it first of all to carry out a thorough study of the law to establish penalties according to the gravity of each crime; it is for this reason that the people in charge of making the laws must be people with sufficient preparation, with the necessary knowledge, to try not to make mistakes. The proportionality of the penalty is nothing other than to hope that both the authorities and those who draft the Constitution and the different laws of a State do so with this in mind, precisely so as not to punish drastic minor crimes with drastic penalties and instead impose low penalties for major crimes. The Argentine writer Eugeni Zaffaroni states about proportionality: "The principle of rationality can be assimilated to the principle of punitive proportionality since it is considered undermined at the moment of imposing penalties that are not in accordance with the unfairness caused by the commission of a crime, which must be inexorably considered in order not to further injure the principle of humanity through the imputation of irrational penalties. (Zaffaroni E., Criminal Law, General Part, 2005, p. 325). In Ecuador, the offence of graft must be punished according to the gravity of the offence, because the damage caused is to the national treasury, which affects all Ecuadorians. As has been seen in recent years, the scandals have been at the level of the countries of South and Central America, seriously affecting their economies because, according to the investigations carried out, the damage caused is several million dollars. The Ecuadorian State has the obligation to arm itself to prevent the crime of graft, or at least that people think twice before doing so, because they will know that the penalties that are going to be imposed are severe, to protect the economy of the State and thus establish proportional penalties for each crime that affects the efficient public administration. The doctrinarians Günther Jakobs and Manuel Cancio Meliá, in their book Criminal Law of the Enemy, maintain that: "...there also exist processes of criminalization "the old way", that is to say, the introduction of new penal norms with the intention of promoting its effective application with any decision, proceedings leading to new criminal rules that are applied, or to the stiffening of penalties to existing rules". (Jakobs & Cancio Melía, 2003)
  • Miniatura
    Item type:Ítem,
    La imposición de multas de Transito excesivas y el principio de proporcionalidad
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2018-04)
    Muñoz Chacón, Oscar Henry
    ;
    Vayas Castro, Guillermo Santiago
    In the present work titled "THE IMPOSITION OF EXCESSIVE TRAFFIC FINES AND THE PRINCIPLE OF PROPORTIONALITY" aims to establish in a clear way how traffic tickets are affecting the economy of the country, starting from that a person who is Is earning a unified basic salary that for this year 2017 falls in the amount of $ 375, for his personal basic sustenance and that of his family, it is unconstitutional and even unmeasured that the Integrated Organic Code in one of its transit provisions establishes That by exceeding the speed limit the offending person will be punished with an SBU, leaving aside the importance that a person lives with that and not only one but sometimes that amount represents the only family entry But the present investigation does not try to confuse anything, it is not being determined that a person should be challenged in the face of the misconduct, but rather the objective of giving a serious and critical study to the question raised is to determine if there is an alternative solution in which the legislator Letters on this subject in which not only a person is affected but a whole population of professional and non-professional drivers and precisely one of the basic points in which the present investigation is concentrated is the exaggerated amount that a person has to pay For a traffic violation, to determine whether the principle of proportionality is being violated and whether the population knows about whose principle and when it could invoke it for the defense of its rights established in the Constitution.
  • Miniatura
    Item type:Ítem,
    Pago del Décimo Cuarto Sueldo en pensiones alimenticias y el principio de proporcionalidad
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, 2017)
    Saravia Vásconez, Ana Maricela
    ;
    Tipantasig Cando, Jaime Tarquino
    ABSTRACT In Ecuador the economic crisis is evident affecting the middle and lower classes, unemployment is definitely present, which is an obvious factor that causes the delay or failure to pay food, these obligations are subject to trials And in most cases to the deprivation of their liberty, in this way this investigation addresses some consequences of the "payment of food as it has to do with the payment of the Fourteenth Salary that are applied in alimony and the principle of proportionality," Mention is made of the table that is applied for the fixing of maintenance payments and the nonconformity with the values obtained by it. So also how the principle of proportionality is affected, when designating a value to a single fed, being violated the test of proportion to assess the constitutionality of a restrictive measure of rights. The question that is of interest then is how and with what requirements rights can be limited. In fact, the principle of proportionality is now perhaps the best known and most recurrent limit on the limits of fundamental rights, and to that extent it is a barrier to undue intrusion into the realm of rights. It is intended to start the path that can answer the question what can we do in this context? It is proposed the creation of a bill to reform the innumerated article 16 numeral 2 of the reformatory law to title V, book II of the Organic Code of Childhood and Adolescence, which will fill the legal gaps and distribute payment equally Of the Fourteenth Salary.
  • Miniatura
    Item type:Ítem,
    Las multas por exceso de velocidad en el Código Orgánico Integral Penal y el pricipio de proporcionalidad
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales , Carrera de Derecho, 2017-01)
    Gamboa Castillo, Juan Carlos
    ;
    Montero Solano, Juan Pablo
    Proportionality is a constitutional principle that guarantees the existence of a truly relation between the infringement done and the punishment adopted. For this case, it will analyze the thesis that increasing the penalties not reduces the crime rates, and that fines for speeding are disproportionate. Ecuador adopted like a security policy the raising in the penalties recurrently committed with the aim of reducing the criminality rates. Despite of that some writers like Cesare Beccaria have stated that increasing the penalties is not the best way to reduce the criminality but the strengthen of the judicial system to increase the certainty of punishment. This document is a study that compares the compatibility between the constitutional rules and the penal ones, specifically, those related with the imposition of fines in the traffic violations of first and fourth category, which are considered disproportionate by the citizens because there is not proportionality between the penalty and the legally-protected right that was affected.