Estudio de la aplicación de la legítima defensa como eximente de la antijuridicidad en la ciudad de Ibarra

In Ecuador, legitimate defense is included in the Organic Integral Criminal Code as one of the forms of exclusion of unlawfulness\; however, although the requirements for its application are established, they are not apparent to individuals who are unaware of the law or the procedure to be followed. This lack of understanding may result in a violation of the exclusion of the unlawfulness clause, causing legitimate defense to fail to protect the victims of aggression adequately. In Ibarra city, there have been cases with problems in the application of legitimate defense, which require prior attention to improve the quality of the defense of victims. The objective of this study was to conduct an exhaustive investigation on the application of legitimate defense as an exoneration of unlawfulness in Ibarra, Ecuador, by analyzing cases and jurisprudence to understand the underlying reasons that prevent the exclusion of unlawfulness in individuals. This research has a descriptive and exploratory character and is focused on the analysis of cases\; in addition, it applies the deductive, normative, and socio-legal methods. As a result of this study, it was found that despite the existence of regulations that specify the requirements for a correct application of legitimate defense, the cases analyzed present errors of understanding, analysis of the facts, and evidentiary elements that harm the defense of the victims.

• 1. Verfasser: De Araujo Paredes, Paulo Ricardo (author)
• Format: bachelorThesis
• Veröffentlicht: 2024
• Schlagworte: legítima defensa, antijuridicidad, violencia de género, derecho penal, uso de la fuerza
• Online Zugang: https://repositorio.puce.edu.ec/handle/123456789/43500