Jurisprudencia y Ciencias Sociales

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Author: search.filters.author.Toasa Montero, Andrea EstefaníaSubject: search.filters.subject.ESTADO

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    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.