Jurisprudencia y Ciencias Sociales

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Author: search.filters.author.Santamaría Bustillos, Mauricio Ismael

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    La proporcionalidad de la pena y el principio de seguridad jurídica en delitos de tránsito
    (Universida Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2020-02) Santamaría Bustillos, Mauricio Ismael; Pazmiño Vargas, Klever Alonso
    The present research project that has as its theme: “THE PROPORTIONALITY OF THE PENALTY AND THE LEGAL SECURITY PRINCIPLE IN TRAFFIC CRIMES” has as its object the study of the traffic offenses established in the Comprehensive Organic Criminal Code, through It is also possible to determine whether the sanctions stipulated for offending drivers maintain harmony with the constitutional principles of proportionality and legal certainty. Proportionality and legal certainty are principles that are enshrined in our current Constitution, the first established in Article 76 number 6, which states that there will be a balance between infractions and criminal penalties, while the second determined in Art. 82 of it is based on respect for the constitution and its faithful application. After the completion of this project, it could be concluded that the application of sanctions by justice administrators is executed according to the legal budgets established in the law, but it should also be noted that the same law does not take into account several factors important mainly in regard to the disproportionality of the current contraventions, since the typification of some of them when applied establishes constitutional effects. When this occurs, the disrespect for a constitutional principle is denoted, which means that the principle of legal certainty is also violated.