Jurisprudencia y Ciencias Sociales
Permanent URI for this communityhttp://repositorio.uta.edu.ec/handle/123456789/892
Browse
2 results
Search Results
Item Las multas por exceso de velocidad en el Código Orgánico Integral Penal y el pricipio de proporcionalidad(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales , Carrera de Derecho, 2017-01) Gamboa Castillo, Juan Carlos; Montero Solano, Juan PabloProportionality is a constitutional principle that guarantees the existence of a truly relation between the infringement done and the punishment adopted. For this case, it will analyze the thesis that increasing the penalties not reduces the crime rates, and that fines for speeding are disproportionate. Ecuador adopted like a security policy the raising in the penalties recurrently committed with the aim of reducing the criminality rates. Despite of that some writers like Cesare Beccaria have stated that increasing the penalties is not the best way to reduce the criminality but the strengthen of the judicial system to increase the certainty of punishment. This document is a study that compares the compatibility between the constitutional rules and the penal ones, specifically, those related with the imposition of fines in the traffic violations of first and fourth category, which are considered disproportionate by the citizens because there is not proportionality between the penalty and the legally-protected right that was affected.Item 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 AlonsoOn 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.