La indefensión de las personas en los procesos de contravención de violencia contra la mujer al ser denunciados falsamente y sus efectos jurídicos

This thesis is entitled: The indefension of the persons in the procedures of contracts of violence against women when falsely denounced and its legal effects, goes into the study of a relevant social problem, such is the case of the persons who are falsely denounced, due to the inadequate application of the constitutional norm, and other norms and laws related to the contravention under study, In addition, this work covers the legal effects caused by a bad judicial procedure of contravention of violence against women, such as the moral damage caused, violation of the right to defense, due process in the guarantees of presenting and contradicting evidence, the principle of innocence, In dubio Pro Reo principle, effective judicial protection and restricts the freedom of the unjustly sentenced person in contravention proceedings. In this sense, the defendant is left in a state of defenselessness and without any means of evidence, since he is not allowed to practice the corresponding proceedings to exercise a true defense and the alleged victim with the mere fact of providing his testimony is more than enough to sentence a person, The principle of contradiction is violated in the anticipated testimony because it is evidence that is introduced without contradiction and also causes devastating consequences for the honor, good faith and dignity of the denounced person, since this type of situation leaves this person branded before society as an abuser, mistreater, aggressive and violent. Likewise, by addressing the general and specific objectives and the importance of the same, it was possible to prove that false reports are originated and oriented to cause harm to the denounced and thus obtain reliable evidence to remove the denounced from the home and take advantage of their property, they are also carried out by purely economic interests and revenge. The methodology designed and applied for the investigation contains the field, descriptive, bibliographic, documentary modalities and by means of the determination of the investigation instruments and its procedure, the purpose of developing a thorough study of the case is reached, in order to raise the conclusions and recommendations. Finally, the present investigation was developed in support of a conceptual, doctrinal and legal study with national and international standard norms, as well as through different techniques such as surveys, interviews and case studies, which shows that there is an improper or bad 5 application of the procedural norm in terms of contravention of violence against women and therefore causes legal effects to the accused, This leads me to propose a reform to the Organic Integral Penal Code, in order to insert a clause that allows a better management of the expedited procedures of contraventions of violence against women respecting the due process of the complaints made since many of these are made with malice, bad faith and spurious motivations.

• Päätekijä: Cabrera Ajila, Ángel Jonathan (author)
• Aineistotyyppi: bachelorThesis
• Kieli: spa
• Julkaistu: 2023
• Aiheet: <DERECHO>; <MUJER>; <VIOLENCIA>; <CONTRAVENCION>
• Linkit: https://dspace.unl.edu.ec/jspui/handle/123456789/26230