(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.
