“La detención ilegal en el ecuador”
The constitutional garantismo or better known as NEOCONSTITUTIONALISM was born as an alternative to positivism by ensuring the effective guarantee of the rights of persons, where the Constitution is above any internal rule of the state and forcing the judge to act in direct role to ensure the rights...
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| Materialtyp: | bachelorThesis |
| Språk: | spa |
| Publicerad: |
2017
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| Länkar: | http://dspace.unach.edu.ec/handle/51000/4465 |
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Lägg till en tagg | Sammanfattning: | The constitutional garantismo or better known as NEOCONSTITUTIONALISM was born as an alternative to positivism by ensuring the effective guarantee of the rights of persons, where the Constitution is above any internal rule of the state and forcing the judge to act in direct role to ensure the rights embedded in the Constitution, without the need for a secondary law. The illegal detention when there is express violation of procedures provided for in the Constitution and domestic laws, to people who are in their free transit, whether caused by public officials on the basis of their positions, as well as individuals to adapt their actions to a misconduct that may have legal consequences for how to the detainee. The punitive power of the State is based on the power of the State to punish persons who have committed a crime stipulated in the Organic Integral Penal Code, this being the only one authorized to deprive of freedom always and when the necessary conditions have been verified and has been followed due process where it was found guilty of the offense, only in this case you can detain a person. It is for this reason that the Constitution of the Republic of Ecuador, to abuse of state power or particular implement in their content the guarantee of Hábeas Corpus, the same that is destined to that persons deprived of their liberty unlawfully or arbitrarily either by order of a public authority or by a private individual, immediately regain their freedom, using as a means for review to the judges of first level, in the case that the detention order has been issued by a criminal court judge, competition for this warranty it would be up to the judges of the Criminal Division, thus becoming a limiting effective state abuse, complying with the Precepts established in a constitutional state of rights and justice |
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