Jurisprudencia y Ciencias Sociales
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Item La Criminología Mediática en el Ecuador y su influencia en el dictado de la prisión preventiva(2021) Moyolema Chaglla, Luis Alberto; Granizo Montalvo, César AudbertoEXECUTIVE SUMMARY The following work refers to the topic of study in question. The objective of this research is to analyze why prosecutors require that personal precautionary measures of pretrial detention be dictated when this measure is a measure of last resort and the right to freedom is a right that is enshrined in the Constitution of the Republic of Ecuador, and it is evident that, in the ventilation of trials related to corruption, collective interest is generated. The thesis is that media criminology, through the media, generates pressure on authorities because they disseminate news of a criminally relevant conduct to crimes such as influence peddling, bribery, extortion, which seeks particular benefits. The methodology is qualitative, since an analysis was made of the different speeches of the procedural subjects in the different hearings of Formulation of Charges, which showed the qualities that affect the media in the cases of the subject of the present investigation; and in the quantitative part, the criminal news were counted; likewise, the Inductive-Deductive, Analytical-Synthetic, Historical-Logical methods were used. As a result, the expected result was reached, that is to say, it was evidenced how the media affect today, in the Constitutional State of rights and justice, contributing, in xv some cases to the judgment of criminality based on stereotypes or stigmatizations; and how the media are part of the social reality with clear incidence in the treatment of the phenomena of communication are part of the social reality with clear incidence in the treatment of criminal phenomena and in the promulgation of criminal laws.Item El poder punitivo del estado y la proporcionalidad de la pena para el delito de peculado(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2019-12) Santamaría Altamirano, Diego Paúl; Tite, Segundo RamiroABSTRACT The Punitive Power of the State or Ius Puniendi "consists of the sanctioning power it has to impose a penalty on anyone who has infringed a legal norm. This represents an emanation of its sovereignty, and not a mere subjective right to punish". (Gonzalez, 2014). This power that a State has to impose the sanctions that correspond to each one of the crimes, allows it first of all to carry out a thorough study of the law to establish penalties according to the gravity of each crime; it is for this reason that the people in charge of making the laws must be people with sufficient preparation, with the necessary knowledge, to try not to make mistakes. The proportionality of the penalty is nothing other than to hope that both the authorities and those who draft the Constitution and the different laws of a State do so with this in mind, precisely so as not to punish drastic minor crimes with drastic penalties and instead impose low penalties for major crimes. The Argentine writer Eugeni Zaffaroni states about proportionality: "The principle of rationality can be assimilated to the principle of punitive proportionality since it is considered undermined at the moment of imposing penalties that are not in accordance with the unfairness caused by the commission of a crime, which must be inexorably considered in order not to further injure the principle of humanity through the imputation of irrational penalties. (Zaffaroni E., Criminal Law, General Part, 2005, p. 325). In Ecuador, the offence of graft must be punished according to the gravity of the offence, because the damage caused is to the national treasury, which affects all Ecuadorians. As has been seen in recent years, the scandals have been at the level of the countries of South and Central America, seriously affecting their economies because, according to the investigations carried out, the damage caused is several million dollars. The Ecuadorian State has the obligation to arm itself to prevent the crime of graft, or at least that people think twice before doing so, because they will know that the penalties that are going to be imposed are severe, to protect the economy of the State and thus establish proportional penalties for each crime that affects the efficient public administration. The doctrinarians Günther Jakobs and Manuel Cancio Meliá, in their book Criminal Law of the Enemy, maintain that: "...there also exist processes of criminalization "the old way", that is to say, the introduction of new penal norms with the intention of promoting its effective application with any decision, proceedings leading to new criminal rules that are applied, or to the stiffening of penalties to existing rules". (Jakobs & Cancio Melía, 2003)