Prejudicialidad o autonomía de la acción de daño moral en los procesos que se originan por medio de juicio penal

The moral damage is affecting the dignity and reputation of the individual. Sometimes it could be seen visually, and could alter the inner psyche of the individual. We must understand that anything I repeat, anything, that could impair the honor of a person or damaging the image that this person has in society, is liable for compensation. In the system of Administration of Justice of Ecuador they have generated two views to address the moral damage in the processes that originate through a criminal trial. Thus, in the previous Supreme Court and the current National Court examines whether it is appropriate that in civil suits for compensation for moral damage, formulated by a complaint or private prosecution and that have been rejected within a criminal trial, when the accused has not been charged, exists or not the requirement of "prejudicialidad", or conversely whether it is sufficient to analyze the autonomy of action of moral damage to determine that it is not necessary that the complaint or private prosecution, which should have been declared as malicious or reckless to give way to civil action for compensation for moral damages. It is concluded, that does not necessarily demand for damages or moral damage in ordinary way, you can start when part of a previous process because there is no call prejudicialidad, but can also be sued by the fact produce physical suffering or mental, as anguish, anxiety, humiliation or similar offenses, results detention or unlawful or arbitrary arrests or prosecutions unjustified as the present case, without having or there is rendered by a criminal sentence, to justify or prove damages damages or emotional harm. This not attempt there is a crush of demands for moral damages in the civil courts, just to compliance and requests that may exist for moral damages be speeded up. The writers explain the reasons for prejudicialidad for a civil suit for moral damages is not necessary; the main one is the legal nature of the two actions and purpose, on one hand we prosecution is punitive, and on the other side that civil action is compensatory. This paper seeks there is a unification of criteria for the judges (judges) because in the different rooms of the same National Court processes are resolved through civil proceedings and others who are home for lack of prejudicialidad, becoming an obvious problem as it is not possible under the same law that we are called to obey the governed there are two ways to resolve our demands for moral damages.

• Main Author: Escobar Coronel, Cristina Fernanda (author)
• Format: bachelorThesis
• Language: spa
• Published: 2016
• Subjects: DERECHO; PREJUDICIALIDAD; AUTONOMÍA; ACCIÓN DE DAÑO MORAL; JUICIO PENAL
• Online Access: http://dspace.unl.edu.ec/jspui/handle/123456789/15757