El principio constitucional de proporcionalidad y la justicia social

Abstract

The titling work seeks to determine how the scarce application of the Principle of Proportionality in the Integral Criminal Organic Code breaks the Social Justice in Ecuador at the right time in the construction of the crimes and their requirements, since in the COIP, it is possible to announce the excessive shielding given to criminal conduct arised from acts of corruption; as a result of which, some unnecessary and suitable requirements have been required, which keeps an entire contradiction with the proportionality parameters contemplated in the Constitution and in the Organic Law of Jurisdictional Guarantees and Constitutional Control. Focusing theresearch on comparing the established penalties and requirements for crimes of relevant social commotion; such as peculation and illicit enrichment, in the face of common or ordinary crimes, that despite generating a social impact, is not as pernicious as the behaviors derived from corruption. The theme has been based on the compilation of doctrines and a revision of the jurisprudence, in the participation of the principle of proportionality contributing as a means to make prevail the Social Justice, in the criminal area practiced and waterlogged by the classic positivism.