Jurisprudencia y Ciencias Sociales

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Author: search.filters.author.Chango Manobanda, Victor OrlandoSubject: search.filters.subject.SENTENCIA

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    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.