El Garantismo Constitucional, estudio y análisis con el punitivismo en el Código Orgánico integral Penal.

The present research work with a qualitative approach, is directed to analyze at first the legal institution of Neoconstitutionalism, understood as a model supported by a 2018 constitution, the same one that is disciplined from the point of protection of rights, in which a true transversality of the law is evidenced and that the law will only be valid when it is in frank harmony with the supra norm, evidencing the importance of the constitutional hierarchical order compared to organic laws that in protection of rights are not in harmony with the magna carta. Ecuador is a Constitutional State of Rights and Justice according to article one of the supreme letter, therefore it must be understood that one of the foundations of justice is the protection of individual freedoms, against the various forms of the exercise of power state punitive. On the other hand, the disciplinary exercise of a state falls on the premise of its sovereignty to establish different prohibited conducts and classify them in the criminal norm, with the threat of applying a sanction or security measures, to those people who incur in this type of offense. behaviors that are considered criminally relevant, this exercise, according to criminal doctrine, is called punitiveness, which is considered the tool of criminal law with which behaviors that are considered offenses before the law and which we call crimes are punished This form of sanctioning is dissimilar according to the seriousness considered by the act carried out. Talking that the Ecuadorian State has a guaranteed Constitution that seeks the minimum application of criminal law and an Organic Comprehensive Criminal Code, which as it is structured in several of its legal institutions, both substantive, adjective and executive and they are punitive, it is possible . For which in the investigation this affirmation will be determined, through the application of a legal-critical analysis exercise of the most relevant punitive aspects 5 of the Comprehensive Organic Criminal Code, through a type of descriptive investigation, selecting the fundamental characteristics of the object of study and its detailed description within the investigative process, obtaining results related to the punitive institutions in the COIP, and that are contrary to the constitutional criminal guarantee, its structure is of a documentary bibliographic nature whose results are applied to documentary analysis, doctrine, jurisprudence and the law, in addition It is exploratory, applying an empirical method of documentary analysis through texts, digital bibliography on platforms and web pages specialized in information. Finally, the results that are intended to be achieved are aimed at evidencing the importance of the constitutional criminal Guarantee against the arbitrary forms of the sanctioning power established in the Comprehensive Organic Criminal Code. Keywords. Neoconstitutionalism, Punitiveness, Law, Penal Guarantee.

• Autore principale: Garofalo Vargas, Rosa Maribel (author)
• Natura: bachelorThesis
• Lingua: spa
• Pubblicazione: 2024
• Soggetti: GARANTISMO CONSTITUCIONAL; PUNITIVISMO; CÓDIGO ORGÁNICO INTEGRAL PENAL; NEOCONSTITUCIONALISMO; DERECHO; GARANTISMO PENAL
• Accesso online: https://dspace.ueb.edu.ec/handle/123456789/6583