Jurisprudencia y Ciencias Sociales

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Author: search.filters.author.Chacha Caiza, Gladys ElizabethSubject: search.filters.subject.TRANSITO

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    La aplicación de Foto Radares fijos y el derecho constitucional a la defensa
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales , Carrera de Derecho, 2017-01) Chacha Caiza, Gladys Elizabeth; Kléver Alonso Pazmiño Vargas, Kléver Alonso
    On August 10, 2014, with the publication of the new Organic Comprehensive Criminal Code in Ecuadorian legislation, an important step is taken in the administration of justice with which a new legal system is born, since this legal body, besides gathering all the Offenses also covers traffic violations for better study and enforcement. Through this new legislation in a developing country has opted for the application of technological devices for the detection of traffic violations by speeding photo sensors (photo fixed radars), on the roads and highways of some cities of our Country, Without being the exception ours because eight photo sensors have been applied fixed for the control of speed within the city. These control devices are intended to detect and notify the offenders of a traffic violation for speeding, because these citizens have violated the law and with it the limits and speed ranges established in the regulation. It should also be mentioned that the notification is the main basis in a procedure, in this way is made known to the alleged offender, of the legal actions that will be carried out against him and with this we will guarantee the right of every person, the defense and This way we also guarantee due process in a judicial proceeding. Since our country is a constitutional State of rights, and social justice must guarantee the effective application of the rights guaranteed in our supreme rule only so we can say that the change in the administration of justice is effective, because in violating constitutional rights Also violates the right to legal certainty of a State. After what has been said, it is of the utmost importance that our country should seek other mechanisms for the notification of a traffic violation detected by photo sensors or detectors of traffic violations (fixed photo radars), because notification by electronic or technological means Is not the most appropriate to inform the alleged offender that he has committed a traffic violation only so it will be possible to avoid that this person is defenseless for lack of a notice in legal and due form.