Jurisprudencia y Ciencias Sociales

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

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2016 - 20186

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Tema: search.filters.subject.CONTRAVENCIÓN

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  • Miniatura
    Item type:Ítem,
    La contravención del maltrato y muerte de mascotas y animales de compañía y el principio de proporcionalidad
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2018-12)
    Toasa Montero, Andrea Estefanía
    ;
    Tite, Segundo Ramiro
    The research carried out has as its theme “THE CONTRAVENTION OF MALTREATMENT AND DEATH OF PETS AND ANIMALS OF THE COMPANY AND THE PRINCIPLE OF PROPORTIONALITY”. This work exposes the complex reality of mistreatment and death of pets and companion animals, the increase in sanctions issued for animal abuse in Ecuador in the last year indicate that one in four people mistreat animals in the city, in this respect a series of debates have been generated with the purpose of eliminating the practices related to the animal abuse, diverse social sectors have promulgated actions to guarantee the respect and the generation of suitable conditions of life for the pets and pet animals in base to the legal frame in force , despite being a violation whose sanctions seek to change the behavior of abuse, abuse, exploitation, cruel treatment, signs of hatred by society, these behaviors against animals have been normalized, which has made it impossible to execute effectively the sanctions, before which arises the need to toughen sanctions and guarantee the principle of proportionality. The investigation allowed through a field study through the use of a survey applied to 188 subjects made up of Natural Persons, Staff of the Municipal Shelter of Ambato, Environmental Attorneys in Free Practice of the City of Ambato, Officials of the Ministry of the Environment and Animal Protection NGOs, who agree that animals do not enjoy the rights that the Constitution must guarantee them, there is no good perception of the effectiveness of legal guarantees on animal abuse, the statistical data reflect the perception of disinterest and lack of co responsibility on the part of the State on the mistreatment and death of the animals, in addition a global perception is denoted where it is stated that the offenders of the contravention of mistreatment and death of companion animals and pets do not receive a sanction according to their infraction , finally it is concluded according to the results of the investigation that there is a totalitarian agreement the need to include a criminal offense within the COIP that describes serious behaviors that undermine the rights of animals.
  • Miniatura
    Item type:Ítem,
    El procedimiento ordinario en el delito de violencia psicológica en contra de la mujer o mienbros del núcleo familiar y la celeridad procesal en la Fiscalía General del Estado del Cantón Ambato
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2018-11)
    Gavilanes Panimboza, Ángel Bladimir
    ;
    Sánchez Espín, Jorge Enrique
    The research work "THE ORDINARY PROCEDURE IN THE CRIME OF PSYCHOLOGICAL VIOLENCE AGAINST WOMEN OR MEMBERS OF THE FAMILY NUCLEUS AND THE PROCEDURAL CELERITY IN THE GENERAL ATTORNEY'S OFFICE OF THE CANTON AMBATO STATE", proposes the repeal of Article 157, of the Integral Organic Code criminal and after article 159 add an article that focuses psychological violence and its sanctions as a contravention, so that this type of crime is processed based on an expedited procedure and thus comply with the constitutional principle of procedural speed. After having completed the investigative work, it has been possible to determine that a high percentage of complaints filed by psychological violence against women or members of the family in the Prosecutor's Offices of Ecuador, have been shelved because people desist from continuing with its process, since when processed through an ordinary procedure, its duration may take up to a year, resulting in its lack of momentum and its subsequent withdrawal and filing. The incorporation of an article following Article 159 of the Comprehensive Criminal Organic Code, which focuses on psychological violence and its sanctions as a contravention, will provide greater effectiveness in terms of the administration of justice, since it would be complying with the constitutional principle of procedural speed and thus provide immediate attention to the victims, avoiding long waits and their processing time. When considering that the crime of psychological violence against women or members of the family nucleus is focused as a contravention of violence against women or members of the family, an effective and efficient justice will be provided in a considerable amount of time, avoiding dismissal and filing.
  • Miniatura
    Item type:Ítem,
    El procedimiento para el juzgamiento de las contravenciones de tránsito y el derecho a la legítima defensa
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-05)
    Cáceres Núñez, Christian Daniel
    ;
    Pazmiño Vargas, Klever Alonso
    The work of titling is: "THE PROCEDURE FOR THE PROSECUTION OF BREACHES OF TRANSIT AND THE RIGHT TO SELF-DEFENSE", born of the idea and approach that when society has the possibility to move forward as a result of the evolutionary processes of humanity, assuming a state of higher consciousness and start in the search for answers to the problems of the fellow who will be the step for the collective development of society. The person who is the subject of accusation against her prosecution of violations -- has the right to due process, it is common to all types of cause; in criminal matters is the essential foundation and is a requirement of the law of human rights, and must be processed respecting rights, principles and constitutional guarantees, guaranteed in the Constitution of Ecuador and the international instruments on Human Rights. The institution of criminal contraventions is an instrument of control to maintain the social balance and in other cases to restore it, since in the case of acts for which a high degree of danger is not required by the active subject, they are broad-spectrum. Which are susceptible of being committed by citizens, hence the importance of their legal treatment, the application of mechanisms of social control of contraventive infractions is prevented, that in the later the individual develops antijuridic behaviors of more lesividad, with which it would contribute of way Meaningful to good living, and to social peace.
  • Miniatura
    Item type:Ítem,
    El alcohotest como elemento probatorio en las contravenciones de tránsito y el derecho constitucional a la seguridad jurídica
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-03)
    Chango Manobanda, Victor Orlando
    ;
    Altamirano Zavala, Andrea Marlene
    This investigative work is presented to connoisseurs in the field of law, those dedicated to carry out arduous work in behalf of the community, and in particular to Law students of the Technical University of Ambato. This work is the result of a systematic study of one of the problems that affect society, such as the violation of legal certainty that is developed within traffic violations, a violation that occurs at the moment that, the judge of Traffic, considers evidence of alcohol as sufficient elements to determine that a driver was driving a vehicle under a certain degree of alcohol per liter of blood, and sanctions according to the results issued by the alcohotest device, without considering that, the device of alcohotest is actually measuring the level of alcohol inhaled in the air by a person, and that for that reason, the device of alcohotest reflects the results in milligrams and not in grams, as typified by the Criminal Integral Code. Then we proceed to the detailed analysis with the collection of all the information, manifested in the theoretical framework, being able to describe the scientific background, as well as the psychological and legal basis, in addition to the dependent and independent hypotheses and variables, it was verified that when a traffic judge considers evidence of alcohotest as sufficient evidence to punish a person within traffic offenses, this is violating legal certainty. The methodology designed for the research has a general logic; with the modalities of the field, descriptive, bibliographical, documentary; with the determination of the investigative instruments and its procedure in order to carry out a detailed study of the case, in order to formulate the conclusions and recommendations that led us to formulate a proposal, such as the reform of the Comprehensive Criminal Organic Code, it will allow us to undergo alcohol tests to determine the exact amount of alcohol in each liter of blood and so that the alcohol test be used as mere way for a person to undergo alcohotests. The alcohol test can not be considered as conclusive evidence of traffic violations, since alcohol tests estimate the amount of alcohol exhaled by a person in the air, which is why the results emit it in milligrams of alcohol per Liter of exhaled air, a measure that reflects being different from the one that typifies the Art. 385 of the Code Integral Penal Criminal, since the norm typifies three different scales of alcohol in the person.
  • Miniatura
    Item type:Ítem,
    El derecho a la defensa y el principio de inmediación en el juzgamiento de las contravenciones por violencia contra la mujer y miembros del núcleo familiar
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales , Carrera de Derecho, 2016-11)
    Mopocita Pasochoa, Johanna Mabel
    ;
    Tipantasig Cando, Jaime Tarquino
    In the current reality of our country, we live in a constitutional State of rights, since this way it is framed by the Constitution of the Republic of the Ecuador, for such a motive immediately after the incorporation of the COIP, in the juridical national classification, there appears a figure named prompt procedure against the violence against the woman and members of the familiar core, which will be applied in cases of violence, when in this one there is caused injuries or disability that it does not overcome 3 days, and is the rule number 15 of this prompt procedure, which is a motive of this project; since this rule in his first clause, damages clearly the right to the defense of the possible victims as of the supposed infringers The present investigation is focused in the exposition of an offer that reaches the integral protection, from the right to the defense of the parts, during the dijudication of the breaches against the woman and members of the familiar core, by means of the complete fulfillment of the guarantees of the right to the defense, established in the due process dedicated in the Constitution of the Republic of the Ecuador The professionals of the right, as well as the judicial civil servants, must know the importance of the procedural beginning and therefore know that the application of the beginning of immediacy; it is transcendental, since this one allows to support the most intimate possible relation, the narrowest contact between the juzgador, the litigators and the evidential means from the beginning of the process up to the judgment; as for the this immediacy of the evidential means it grants major efficiency to him to the interpretation and valuation of the tests; it is for this that the beginning of immediacy grants a major guarantee to him to the rights of the litigators during the penal process. Likewise the Constitution of the Republic of the Ecuador, being considered to be the need to expire with the integral protection of the right to the defense, during the penal process, the importance is established, of reforming the norm that it will be able to injure or to break these rights, being based on the correct application of the procedural beginning ratified in the Constitution and other legal bodies During the process of the investigation one managed to demonstrate the imperious need to reform the numeral 15, of the article 643 of the COIP, in order that this numeral, it does not question the obligation that the experts have to appear and to answer to the interrogation during the hearing breach against the woman and members of the familiar core, and hereby to could prevent the violation of the right to the defense in the dijudication of this type of breaches
  • Miniatura
    Item type:Ítem,
    El recurso de apelación y la suspensión de la sentencia condenatoria en las contravenciones flagantes de tránsito establecidas en el articulo 385 numerales 2 y 3 del COIP
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales , Carrera de Derecho, 2016-05)
    Herrera Ullari, Julio Álvaro
    ;
    Pazmiño Vargas, Klever Alonso
    Ecuador is a constitutional State of rights and justice, where the criminal justice system has changed since the entry into force of the Organic Code Integral Criminal, finding several innovations, as well as there are several legal loopholes that leave a lot to be desired and for this reason, the study that allows me to carry on the appeal and the incidence that have it in the convictions by committing flagrant contravention of traffic, established in Art.385 paragraphs 2 and 3, recalling that the Constitution of the Republic of Ecuador in its Art. 76 paragraph 7 literal m) it recognizes the right to appeal the judgment or decision in all procedures in which it is decided about their rights, and on the topic at hand it is about the right to freedom of persons who have committed flagrant violations of traffic. The remedy of appeal according to the Organic Code Integral Criminal will proceed in the following steps: 1. of the resolution declaring the exercise prescription of prosecution or punishment. 2. the auto nullity. 3. The auto of discontinuance. 4. Of judgments. 5. of the Resolution that grant or deny pretrial detention provided that such action has been issued during the arraignment or during fiscal instruction, and traffic contraventions for being an expedited procedure in which judgment is given within 24 hours of having committed the contravention. It comes against the judgment rendered for violating which it was established in Art. 385 paragraphs 2 y 3 of the Organic Code Integral Criminal that determines: 2. if the blood level is greater than 0.8 to 1.2 grams, fine of two unified basic salaries shall apply of the general worker, the loss of ten points on your driving license and fifteen days' imprisonment. 3. if the level of alcohol per liter of blood exceeds 1.2 grams, fine of three unified basic salaries shall apply of the general worker, the suspension of driver's license for sixty days and thirty days of imprisonment.