Análisis de la sentencia Nro. 71-14-CN/19, que tiene como antecedente el proceso judicial de impugnación de contravenciones de tránsito Nro. 0014- 2013-SP
The present research work seeks to demonstrate the lack of commitment on the part of the National Transit Agency at the moment of notifying by electronic means to the owner of the vehicle of the traffic violations, which derives a great problem through the violation, that is, the set of standards an...
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| Médium: | bachelorThesis |
| Jazyk: | spa |
| Vydáno: |
2023
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| Témata: | |
| On-line přístup: | https://dspace.unl.edu.ec/jspui/handle/123456789/27021 |
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Přidat tag | Shrnutí: | The present research work seeks to demonstrate the lack of commitment on the part of the National Transit Agency at the moment of notifying by electronic means to the owner of the vehicle of the traffic violations, which derives a great problem through the violation, that is, the set of standards and principles that guarantee the effectiveness of the jurisdictional system with the purpose of carrying out a fair process that is subject to the normative requirements established in the Law, Constitution and other international treaties, which in this Degree Project will try to explain the violation of due process. The study performed in this sentence analysis seeks to demonstrate the violation of the Constitutional Law, in what is the due procedure within the basic guarantee of the right to defense owing to the lack of notification in a correct manner. The objective of this study is to form a legal criterion regarding the decisions made by the Chamber of the Provincial Court of Justice of El Oro. It will also analyze the criteria issued by the Constitutional Court of Ecuador regarding the process in the guarantee of the right to defense of persons, trying to show that was violated. Thus, this research is based on a deep analysis of due process, the right to defense of persons, and notification. For that different methods and materials were applied, for which surveys and interviews were conducted with legal professionals. Due to these results, conclusions, and recommendations could be drawn regarding the correct application of a due course in cases of sanctioning violations detected by electronic and/or technological means and, consequently, the correct notification of violations detected for these same means. |
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