Jurisprudencia y Ciencias Sociales

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Subject: search.filters.subject.GARANTISMO PENAL

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    El principio de legalidad y el error de tipo en el Derecho penal
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2020-02) Ramires Cevallos, Jimmy José; Bazantes Escobar, Washington Javier
    This paper studies the relationship between the principle of legality and the application of methods of integration of law. The objective is to be able to fill regulatory or axiological gaps that arise in specific cases, in particular the application of type error in criminal law as grounds for exclusion of fraud. For this purpose, two studies are presented, the first on the meaning and scope of the principle of legality in criminal law and the second on the type error as a cause of exclusion of fraud. To this end, bibliography has been reviewed on the evolution of the principle of legality from the French revolution and illuminism to criminal guarantee, as well as a bibliographic analysis on crime theory to understand type error and whether it is possible or not its application without violating the principle of legality. This work was carried out through interviews with five criminal lawyers, two recognized university professors and lawyers, a fiscal agent from the city of Cuenca, an official of the Provisional Detention Center of Riobamba and a lawyer in free exercise in order to consult on the application or not of the type error without affecting the principle of legality. The results indicated that the principle of legality in criminal matters has a special scope, which is to limit the scope of the punishable, avoid excess and arbitrariness of state power against citizens. It will always have a more favorable sense towards people, to their rights and guarantees. In the case of type error, as grounds for exclusion of fraud,even if it is not legislated, its application is possible without violating the principle of legality, reducing punitive power and expanding freedoms.
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    Derecho penal mínimo y justicia restaurativa
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-07) Vargas Soria, Sandra Paola; Benavides Benalcázar, Merck Milko
    In a globalized era, in which crime is conceived as a phenomenon and a potential enemy of the States stability, punishment as a deterrent resource acts as a rule rather than as an exception. In this way the cession has been admitted and in many cases even the confiscation of rights, as a response to the crime. Restorative justice emerges in the face of this panorama, with a retrospective look at the origins of the conflict, returning protagonist to the victim and trying to find the reconciliation of the offender with the community, without pretending exclusively the punishment, but the restoration of social peace. The aim of this research is to analyze the application of minimum criminal law as an alternative to the punitive solution to favor the implementation of restorative justice channels in national legislation, as well as to account for the benefits of this resource, both for the administration of justice, as for the parties involved in the criminal process. With the support of an observation guide, the adopted resources are registered and identified during the year 2018, in some investigations and criminal proceedings in order to end the conflict; and, with the support of the experts' criterion, through a structured interview, points of view are obtained that are addressed from the different spheres in which each one of the respondents works, they can be judges, prosecutors, lawyers in free professional practice and Academics dedicated to the study of penal science. Through the obtained results, a current panorama of the problematic in study is offered. It concludes with a proposal that allows expanding the possibility of adoption and effects of a conciliatory process, with the aim that, under the agreement of the parties, punitive solutions are avoided in the processes and the victim's reparation is privileged as the essence of the system.
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    El activismo jurisdiccional y el garantismo penal en la administración de justicia del Ecuador
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-03) Acosta Morales, María Gabriela; Tipantasig Cando, Jaime Tarquino
    He problematic of the suspicion of a jurisdictional activism of the administration of Justice in Ecuador without a protected criminal guarantee in our Constitutional State of Law; in front of an efficient enough commanded by the governing bodies of the Justice of Ecuador. An efficient jurisdictional activism is a phenomenon of a juridical and social nature, directly affects the rights of the victim and the defendant, so that the procedural subjects in criminal matters seek the symbiosis of jurisdictional activism with the criminal guarantee. The present investigation focuses specifically on the administration of criminal justice with the possibility of a non-efficiencies jurisdictional activism but a guarantee that allows citizen security without increasing the number of convictions but generating criminal policies that allow a true social rehabilitation. In this way, it is intended to identify the events that have motivated jurisdictional activism to have more efficient characteristics than guarantors; despite that the spirit of the Comprehensive Criminal Code leads to a criminal system protecting rights. Finally, a proposal of reform to the Integral Organic Penal Code is presented that allows a jurisdictional activism guarantee.