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Interpretation of the Criminal Law from and since the Constitution aims to legal operators, in this case criminal from entering the Constitution, departing from this, its principles, values, rights, warrants, to interpret the criminal law , thus giving their judgments, their provisional findings of...

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Bibliographic Details
Main Author: OCHOA JIMÉNEZ, MAX BLADIMIR (author)
Format: bachelorThesis
Language:spa
Published: 2013
Subjects:
Online Access:http://dspace.unl.edu.ec/jspui/handle/123456789/20252
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Summary:Interpretation of the Criminal Law from and since the Constitution aims to legal operators, in this case criminal from entering the Constitution, departing from this, its principles, values, rights, warrants, to interpret the criminal law , thus giving their judgments, their provisional findings of increased legal certainty, since the Constitution is the fundamental rule, which informs all the legal and regulates all spheres of society, making it the first source should be used by the legal practitioner to find answers to specific cases before it. In our country, both in doctrine and in practice, the Interpretation of the Criminal Law from and since the Constitution can be classified as nonexistent, our judges when they interpret and apply the criminal law do not take into account the constitutional, what we was generally set ourselves the objective base, from a systematic doctrinal, historical and comparative, a set of reference points that contribute to the interpretation of the Criminal Law from Ecuador and from the 2008 Constitution, in order to improve the activity Ecuadorian court. To this end, our research has been structured into three parts, the first refers to the interpretation of the law, the second to the Constitutional Interpretation, discussed in the literature and in our country, and the third deals with the relationship Constitution, Criminal Law from the Ecuadorian legal reality. This research also has conclusions, recommendations and annexes. Were used as research methods: the historical logic, legal compared the analytical exegesis, analysis, synthesis, induction and deduction. As research techniques using analysis of documents, protected by the quantitative-qualitative methodology, the literature review and survey. As main results we obtained a set of reference points to interpret the criminal laws from the Ecuadorian Constitution and since 2008, and recommendations for the improvement of the legal rules governing the referral to the legal, constitutional and the interpretation of the rules criminal.