El Régimen Sancionador previsto en el Código Orgánico de Ordenamiento Territorial, Administración y Descentralización, vulnera el Derecho de Propiedad reglado en la Constitución

The legal argument that develops prior to obtaining a law degree and a in jurisprudence then analyzes the following problem: "The land must comply with the social role it deserves as the main element that serves as the basis to support all kinds of human activities, not to mention for all kinds of development support in solving various problems of social life such as agriculture, mining but when talking about urban land apartment to solve the problem, has been less in recent times, not having taken part the state to control and that is why a number of problems related to urban planning and fundamentally in terms of housing, which were evoked different criminal phenomena as presented , theft, invasion, illegal possession and illegal settlements, illegal possession and occupation On the other hand we also have people who have been placed on land one way or another but has no ownership and that they got there because they made use of other figures that our legislation allows them to be through settlement ancestrally and today are reserves of municipalities, or are in places which are now being owned by the state; and there are also cases of settlements on communal lands which have never claimed their communal property; or that were located by circumstances of neglect of their owners and are as squatters for more than 15 years under the guise of possession. It is the phenomenology of land tenure municipalities using their autonomy irresponsibly and without a court order attached to due process undertaken in 7 administrative processes and no opportunity for a real defense and violating all norms of due process resolved or issue resolutions with features of sentence and proceed to left and right to punish, in other cases to be demolished without a contingency plan that allows more than anything relocate and maintain peace and harmony, people privately and social harmony, This has caused significant social impact from the negative side because we believe have violated human rights, peace, tranquility, privacy, the right to private property, the right to legal certainty and due process among other fundamental human rights enshrined in the Convention on Human Rights of 1948 and essentially human and fundamental rights enshrined and guaranteed in our current constitutional provision, which could trigger a myriad of lawsuits against the state and against people who volunteered to perform such acts. As even a glimpse of criminal liability of the institution is left as certain personal criminal violations of the perpetrators of these acts as hate crime and abuse of authority and discrimination among others "; which is part of the problematic field of legal science, so the importance of this research lies in the reality that is observed today when applying administrative disciplinary proceedings in cases of illegal settlements since according to the provisions of Organic Code of Territorial Organization, Autonomy and Decentralization penalties are the removal and overthrow the subject of the infringement or eviction of the property constituting the offense so that the right people access to decent housing and private property is violated . 8 My research work is structured as follows: the first Framework is called "Conceptual Framework" in which issues of vital importance as fundamental concepts such as property, wealth, dominion and develop housing, into the subject principal of this thesis as private property, urban property and fundamental rights of individuals. The second part is called "Doctrinal Framework" which includes important issues such as the historical evolution of the property, its contents and characteristics, notions of what constitutes power itself and its characteristics, as well as abuse of power, Likewise analyze what constitutes an administrative offense, the principles of administrative disciplinary process among other issues vital as the role of the fundamental right to effective judicial protection and administrative disciplinary procedure itself. The third part is called "Legal Framework" in which consist vital issues related to the research topic as the internal legislation governing property rights in all its forms as the Constitution of the Republic is and the administrative sanctioning procedure in the Organic Code of Territorial Organization, Autonomy and Decentralization. Similarly, the corresponding analysis of comparative law as it relates to the issue being specifically developed in Peru Legislation and the Basque Country is made. Field research which includes important issues such as analysis of survey results and analysis of results of interviews, verification of objectives, hypothesis testing, doctrinal and legal foundation is also performed. And finally the conclusions and recommendations and the proposed reform which is aimed at reforming the Organic Code of Territorial Organization, Autonomy and Decentralization enunciated.

• 主要作者: Buri Guaya, Angel Ramón (author)
• 格式: bachelorThesis
• 語言: spa
• 出版: 2016
• 主題: DERECHO; CÓDIGO ORGÁNICO; ORDENAMIENTO TERRITORIAL; DERECHO DE PROPIEDAD
• 在線閱讀: http://dspace.unl.edu.ec/jspui/handle/123456789/14358