“La reparación integral objetiva en infracciones de tránsito ocasionada por el peatón no se cumple, dejando en indefensión los derechos del conductor y personas afectadas

The present thesis titled “La Reparación Integral Objetiva en Infracciones de Tránsito ocasionada por el Peatón no se cumple, dejando en Indefensión los Derechos del Conductor y Personas Afectadas” makes refers to the needs of society about certain privileges pedestrian has, abandoning the principle of equality and equity which are violated by the deficiency that exists in the sanctioning regime, in traffic infractions, but it is necessary that our legislation produces changes that are important to reach a good living where the rights of all citizens are respected; However, it is taken into account that the biggest deficiency in public roads are accidents that occur due to negligent behavior of both the driver and the pedestrian, it is also verified that the responsibility is mayor by the driver in most cases, therefore the research is based on a conceptual, doctrinal and legal analysis on the application of pecuniary sanctions to pedestrians that cause traffic accidents. For its part, the integral criminal organic code as a sanctioner with respect to traffic infractions does not include a regulation about the reckless pedestrian that causes traffic accidents, on the other hand it violates the rights of the driver and the affected persons that produce this type of incidents, then the reason of the present investigation is to carry out a reform that contemplates a comprehensive criminal reparation by the pedestrian, taking into account the damage caused by the traffic accident. To obtain accurate information, techniques such as surveys and interviews were carried out, which were intended to collect truthful information, originated by legal specialists, and a well-recognized bibliography of highly prestigious authors is included. These mechanisms contributed to the verification of objectives and the contrast of the hypothesis raised regarding this practice; both the Constitution of the Republic of Ecuador, the Comprehensive Organic Penal Code and the Organic Law of Land Transportation Traffic and Road Safety guarantee the rights of the drivers and people affected.

• Autor Principal: Chávez Jiménez, Andrea Cristina (author)
• Formato: bachelorThesis
• Idioma: spa
• Publicado: 2018
• Subjects: DERECHO; PEATÓN; CONDUCTOR; INDEFENSIÓN
• Acceso en liña: http://dspace.unl.edu.ec/jspui/handle/123456789/20665