Relatividad del derecho a recurrir a ciertas infracciones de tránsito y su incidencia en la protección del derecho a la defensa. El recurso de apelación.
The objective of this investigation is to establish whether the appeal resource, within the defense action, guarantees the right to appeal in certain traffic infractions, whose problem is about the appeal and its transfiguration within the relativity of Law that does not allows a consistent right to...
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| Format: | masterThesis |
| Language: | spa |
| Published: |
2022
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| Subjects: | |
| Online Access: | https://dspace.ueb.edu.ec/handle/123456789/4604 |
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Add Tag | Summary: | The objective of this investigation is to establish whether the appeal resource, within the defense action, guarantees the right to appeal in certain traffic infractions, whose problem is about the appeal and its transfiguration within the relativity of Law that does not allows a consistent right to protection in traffic violations. Thus, under a methodological review from the conceptual review and a modern worldview, with relevance to a theoretical basis of the last five years, with different significant contributions with more than fifty authors, supported by the descriptive review of the study variables and an investigation mixed type (qualitative - quantitative); conjugated by interviews and surveys towards eighty professionals in Law of the province of Bolívar. I conclude by way of results, that traffic offenses are considered as natural actions according to Ecuadorian regulations, the same that according to legal professional criteria are fully defined in their sanctioning context. Although, the figure of appeal exists in a true way at the internal level, towards traffic infractions; its management is not very productive and guarantees the protection of the right to defense; where the constitutional support for fundamental rights is not complete from a practical point of view and generates a victimization of citizens; due to a relativity of the exercise in the courts and in the decisions of the judges; more, when it comes to telemults and the Ecuadorian requires an appeal. Keywords: defense, law, infractions, protection, relativity, transit. |
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