La Pena Natural Tipificada para los Delitos de Tránsito debería incluir al Cónyuge y al Conviviente en Unión de Hecho”

This research arises from the need to develop the application of justice in the sentences, considering the aspects and circumstances surrounding the legal concept of "natural punishment", especially in relation to the person of the offender, applying a penalty due and actual proportionality between crime and punishment for effective realization of justice on equal rights and conditions. In Ecuador the century, the justice system suffers from a number of limitations and shortcomings, among which the most serious is the lack of production of proposals for the development and introduction of alternatives to an anachronistic, rigid and bureaucratic judicial structure where there is little room for in-depth discussions on constitutional rights. Our Constitution of the Republic of Ecuador in 2008 and the new legal framework derived give a jump in the same understanding of constitutional State of rights and Justices and the approach of the society of "good living" whose effects are rather than normative, philosophy of coexistence. The situation and the objective of this research is to demonstrate the validity of the "natural punishment" as a legal institution to avoid the imposition of a custodial sentence or allow graduation in the field of transit. Universidad Nacional de Loja. Área Jurídica, Social y Administrativa. Carrera de Derecho. 7 The lift and the possibility of applying for crimes committed culpably, which allows you to view the problems of criminal law, disadvantages and limitations of the application of the death, leading to test the consistency of the proposal, within a legal framework that has to be evolutionary and not regressive as we are dabbling in this new law as the Code of Criminal Integral. Our legal system has undergone a number of reforms, changes, repealed articles, articles reformed by the evolution of our society some crimes they have been decriminalized, have appeared new crimes, new legal concepts that have emerged and are gaining strength in our country and as they say the great jurists and also known by the people who studied law that the rights of individuals are progressive and not regressive is for this reason that has encouraged me the subject that I have as a thesis as it is a problem that we live daily in a society where the automotive world is making strides have done this work thinking about the people in his integrity and his family the same is a subject that many students will develop theses related to the subject. Today it is common to hear or see on the radio, on television, in newspapers, news of traffic accidents by different circumstances because the automotive world has increased tremendously and having a car is not a luxury but a necessity, any person out with your vehicle is not with the intention of harming anyone, but for circumstances that occur on roads, such as the poor state of the Universidad Nacional de Loja. Área Jurídica, Social y Administrativa. Carrera de Derecho. 8 roads, bad maneuver drivers, recklessness or breach of laws by the drivers cause accidents, leaving broken families. For this reason I share my thesis for everyone since this paper contains concepts by several lawyers who share with us their doctrine of natural worth, also know the fundamental principles that go hand in hand with the natural grief, we know too that is the mental health and physical health, the degrees of consanguinity and degrees of affinity and kinship that exist between people, know the kinds of grief with which it penalizes people who commit a traffic violation. It problematic arises of the need of include to the spouse and to them cohabitants in union indeed to obtain the benefit of the penalty natural, since while is certain if us put to interpret the article 13 of the code organic Integral criminal in which us says that "them types criminal and them penalties is interpreted in form strict" ", this is, respecting the sense literal of the standard", of there the problematic since the article 372 ibid says that so are beneficiaries of the penalty natural them victims of the alleged, only in these cases the judge may leave of impose a penalty or impose exclusively penalties not custodial of freedom , and if we analyze the degrees of kinship that exist in our country between spouses do not have any degree of kinship that later in the development of our thesis will analyze it, to solve this problem and g...

• Үндсэн зохиолч: Matailo Quito, Romel Oswaldo (author)
• Формат: bachelorThesis
• Хэл сонгох: spa
• Хэвлэсэн: 2016
• Нөхцлүүд: TRABAJO SOCIAL; Delitos de Tránsito; Unión de Hecho; Pena Natural Tipificada
• Онлайн хандалт: http://dspace.unl.edu.ec/jspui/handle/123456789/14970