La falta de normas en la aplicación de sanciones militares, como generador de violación de los derechos constitucionales de los miembros de las fuerzas armadas ecuatorianas

The laws and regulations governing our glorious Ecuadorian Armed Forces are longstanding , since were the first laws promulgated in 1830 , to provide security to the nascent Ecuadorian state , weak in that initial period. At first the state on behalf of a number of security privileges and abuses carried perks that military against his own people, later this rule was widespread even against the same military junior allowed by their superiors, ie not as a tool of discipline order, but as a tool of abuse and tyranny against their subordinates, which degenerated into what is now known as abuse of authority. Under this environment, the violation of constitutional rights of members of the Ecuadorian armed forces, was institutionalized for decades by the very fact that military discipline is applied in house, nothing out, hence the population rarely or authorities civilians could learn the rants and abuses committed in the name of military discipline and an abusive military hierarchy used to subdue subordinates "rebels " and " traitors" A military justice, is generally known as a justice other than common they are applied to those who are not military, since it had a very strong degree of independence around what we could call civil justice. Military laws remained largely intact during the nineteenth century, especially since those who held power at the time, kept a kind of Status Quo, with autonomy and perks. This research has made an investigation to discover or propose possible solutions to the problem of abuse by sanctioning higher at the expense of his subordinates, it has achieved since found some loopholes in different laws and regulations especially that despite its low hierarchical level are without limit violating constitutional and legal norms The underlying problem of the investigation focuses on the fact that by persisting customs and military traditions in the field of sanctions, the breeding ground is given for further commission a series of abuses and violations of human rights and protection under the military, and legal reforms biased or incomplete discipline. This research is intended as a contribution to the state constitutional rights and justice, equity, justice principles, proportionality and due process that prevails today through our Constitution.

• Päätekijä: Martínez Ayala, Darwin Iván (author)
• Aineistotyyppi: bachelorThesis
• Kieli: spa
• Julkaistu: 2015
• Aiheet: DERECHO; FALTA DE NORMAS; SANCIONES MILITARES
• Linkit: http://dspace.unl.edu.ec/jspui/handle/123456789/14367