La legítima defensa y la violencia intrafamiliar incesante en el Derecho Comparado
This study carries out a detailed analysis of self-defense in the absence of direct confrontation in contexts of incessant domestic violence, which reveals the need for a reinterpretation of the constituent elements of the defense from criminal responsibility, such as unlawful aggression, necessity...
Saved in:
| Hovedforfatter: | |
|---|---|
| Andre forfattere: | |
| Format: | bachelorThesis |
| Sprog: | spa |
| Udgivet: |
2024
|
| Fag: | |
| Online adgang: | http://dspace.unach.edu.ec/handle/51000/14294 |
| Tags: |
Tilføj Tag
Ingen Tags, Vær først til at tagge denne postø!
|
Tilføj Tag | Summary: | This study carries out a detailed analysis of self-defense in the absence of direct confrontation in contexts of incessant domestic violence, which reveals the need for a reinterpretation of the constituent elements of the defense from criminal responsibility, such as unlawful aggression, necessity rationale of the means used, and absence of sufficient provocation. In Comparative Law, Argentina and Chile have highlighted the significant evolution in this matter. They incorporated the "battered woman syndrome" into their corpus juris and expanded the legal hermeneutics regarding immediacy and proportionality in legitimate defense. At the supranational level, instruments such as the Belém do Pará Convention and CEDAW impose obligations on the state parties to implement measures to prevent, punish, and eradicate gender violence. With a view to this end, the legal, legal-doctrinal, dogmatic, deductive, and inductive method of comparison was used, and an interview guide for Domestic Violence Judges against women and members of the family nucleus of the Riobamba canton was used as a first source data collection instrument. The results show that Ecuador is a signatory state and is obliged to harmonize its internal legislation with these international precepts; however, it lacks a classification with a gender focus in the exegesis of legitimate defense. Although the Comprehensive Organic Law to Prevent and Eradicate Violence against Women addresses gender violence, it does not delve into this particular aspect of substantive criminal law. The same thing happens with the Tool for the Application of Legal Standards on Women's Rights in Sentences, the Guide for the Administration of Justice with a gender perspective, and the Manual: Gender Perspective in Judicial Actions and Proceedings. |
|---|