La Aplicación De La Debida Proporcionalidad Entre Las Infracciones Y Penas Pecuniarias Establecidas En La Ley Orgánica De Salud Para Garantizar La Igualdad De Derechos De Los Comerciantes

This thesis was born in order to carry out a legal and critical to the principle of proportionality that under the urgent need for proper proportionality in the application of the pecuniary penalty, defined in section 154 of the Act Health, to ensure equal rights of traders. Article 76, paragraph 6 of the Constitution stipulates: "The law shall establish the proper proportionality between offenses and penalties, administrative or other nature." However, this guarantee is not met in the application of Article 254 of the Health Act which imposes a fine of five unified basic wage of workers in general, violation of Article 130 of the Act indicated that states: "The establishment subject to health control for its operation must have the permit issued by the National Health Authority. The operating permit will be valid one year". From the above, the set is completely disproportionate punishment because it does not consider the amount of investment of the shop, that is makes no difference between a supermarket and a shop, among a small restaurant and an inn, or between a clinic and physician office; sanctioning equally to all those establishments that do not obtain the operating permit, with the penalty of a fine of five unified basic wage of workers in general. The lack of proportionality in punishment is obvious and absolutely inconsistent and that the fine is excessive for some establishments, sometimes impossible to pay, to the point of qualifying as unfair. In exchange for establishments with large investments, it is too subtle and the fine amount be insignificant evade carry out the procedure to obtain it, a fact that carries great dangers to the health of consumers. So this involves disproportionate fine discrimination, inequality and impunity, violate the rights and guarantees recognized in the Constitution of the Republic. From the above, this problem has social and legal importance, which motivated me to investigate scientifically and legally, coming to the conclusion that a reform of the penalty prescribed in Article 254 of the Health Law for establishments that comply with Article 130 of that Act. In order that the health authority at the time of sanction to the owners of establishments to control and surveillance, Act authorizing him to punish proportionally penalties of one to ten unified basic wage of workers in general, making use of sound critical, considering the damages that have occurred or may occur in the health of people, the seriousness of the offense, the quality of recidivism of the offender, the socio-economic conditions of the offender, and the benefit to the violator resulting of the offense.

• Autor principal: Arrobo Valle, Héctor Benito (author)
• Formato: bachelorThesis
• Idioma: spa
• Publicado em: 2016
• Assuntos: IGUALDAD DE DERECHOS; INFRACCIONES Y PENAS; ESTUDIO JURÍDICO; LEYES
• Acesso em linha: http://dspace.unl.edu.ec/jspui/handle/123456789/12843