Legitima defensa como causa de exclusión de la antijuridicidad en contextos de violencia domestica contra mujeres en el Ecuador.
This study addresses self-defense as a justification for women victims of domestic violence in Ecuador, incorporating a critical analysis with a gender perspective. Based on the general objective of demonstrating the relevance of this concept within the framework of structural violence, three specif...
Kaydedildi:
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| Materyal Türü: | bachelorThesis |
| Dil: | spa |
| Baskı/Yayın Bilgisi: |
2026
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| Konular: | |
| Online Erişim: | http://dspace.unach.edu.ec/handle/51000/16538 |
| Etiketler: |
Etiketle
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Etiketle | Özet: | This study addresses self-defense as a justification for women victims of domestic violence in Ecuador, incorporating a critical analysis with a gender perspective. Based on the general objective of demonstrating the relevance of this concept within the framework of structural violence, three specific objectives were set: to contextualize gender violence and Battered Women's Syndrome; to doctrinally and normatively analyze Article 33 of the COIP (Comprehensive Organic Criminal Code); and to evaluate the judicial treatment of self-defense in specific cases. The research employs a mixed-methods qualitative approach with quantitative components, focusing on the province of Chimborazo, Riobamba canton, and employing inductive, legal-analytical, dogmatic, and case study methodologies. The non-probabilistic convenience sample included relevant case law (Case No. 10281-2017- 00082) and semi-structured interviews with ordinary and specialized judges, and members of feminist groups. The study also included documentary and comparative law analysis. Through content analysis and categorization of interviews, discursive axes were identified, such as traditional judicial criteria, judicial revictimization, and recognition of Battered Women Syndrome. The doctrinal examination of the COIP revealed the rigidity of the imminence and proportionality requirements in contexts of cyclical violence. Comparisons with experiences in Argentina, Colombia, and Mexico revealed models of "contextual immediacy" and non imminent self-defense. The findings confirmed the need to reform Article 33 of the COIP, incorporating Battered Women Syndrome and adapting the standards of proportionality and imminence to the reality of sustained violence. It is concluded that only through gender-sensitive standards and expert protocols, accompanied by ongoing training for justice officials, can effective justice be guaranteed and the criminalization of women for defending their lives be avoided. |
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