Jurisprudencia y Ciencias Sociales

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Author: search.filters.author.Carrillo Zea, Martín SebastiánSubject: search.filters.subject.CONSTITUCIÓN

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    Las contravenciones de Tránsito por foto radar y el derecho a la defensa
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales , Carrera de Derecho, 2016-06) Carrillo Zea, Martín Sebastián; Pazmiño Vargas, Klever Alonso
    As a means of preventing the accident within cities that make up the Ecuadorian territory, it has made the implementation of technological means in order to detect offenders of crimes and violations, especially on transit seeking safeguard the integrity of people and eradicate traffic accidents by speeding the transfer of powers assumed by the Municipal Gads these have placed photo sensors or photo radar in the cities to eliminate speeding, punishing those who disrespect the legal standard under to the provisions of the Code of Integral Penal in Article 386 paragraph 3 and 389 paragraph 6, in accordance with the provisions of Art. 191 of the Rules of the road Traffic Act, Land Transport and road Safety, where are established the speed limits and ranges moderation, it should be emphasized that the violations detected by the photo sensors or technological means will only pecuniary pursuant to the provisions of Article 238 ibídem and set against the vehicle owner. This implementation of technology as any great change has brought disagreements on the ciudanía, manifesting in many occasions that the values that are charged are excessive, without considering that the penalty not imposed by municipalities, are typified in the COIP, remembering that any contravention can be challenged within three days after its perpetration, for this reason the Municipal GADs through their transit directions are obliged to notify people that have exceeded the speed limit so that they exercise their right to defense, it is where denotes the research problem because the public has a commission of contraventions transit to two, three and up to six months after its perpetration, becoming aware of them when they are performing the registration procedures , ie they were never notified to the commission of the offense in order to exercise their right to defense against one of the judges of the matter, for that reason they have been left completely defenseless, violating a constitutional right, attack security State legal.