El debido proceso y la proporcionalidad de las penas en la conducción de vehículos en estado de embriaguez

Abstract

Guaranteeing respect for the rights of procedural subjects, as well as ensuring compliance with the guarantees of due process, are one of the fundamental pillars that the Ecuadorian State provides among its plurinational and multicultural principles. In turn, criminal law is the body in charge of carrying out the legal order, each time an irregularity or criminal offense occurs with the intention of protecting the legal security of society. Part of this safeguard is to enforce the different legal mechanisms, so that when a trial is used; There remains reliable and convincing evidence of having used due process, in cases where there is a need to punish a person, that it is proven that he has committed a criminal offense. The objective of the following Degree Work is to diagnose the general characteristics of due process and analyze the proportionality of the penalties in terms of their application, in cases related to the driving of vehicles in a state of intoxication, where it is sought to detect the possibility of the existence of a legal vacuum that violates human rights and, respect for the free movement of whoever commits the crime or infraction. It is a mixed investigation, directed towards the iterative or integrative, under the documentary modality, explanatory-descriptive and correlational field. The results of the investigation indicate that there is a disproportionality in the sanctions or penalties that arise from the violation of driving vehicles while intoxicated, typified in the Comprehensive Organic Penal Code (COIP), especially when compared with other criminal offenses of higher magnitude and are sanctioned by the same COIP in a non-proportional way, affirming among the conclusions the existence of a legal vacuum, with respect to these penalties that a judge sanctions, leaving aside for the legislators, the possibility of considering what is known as the abstract penalty, to measure in a coherent, suitable, necessary and weighted manner the possibility that the sanction is commensurate or proportional to the magnitude of the violation, without neglecting the damage to third parties that could be caused. Descriptors: