Las multas por exceso de velocidad en el Código Orgánico Integral Penal y el pricipio de proporcionalidad

Abstract

Proportionality 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.