“DERECHO A LA IGUALDAD Y PRINCIPIO DE OPORTUNIDAD EN LA APLICACIÓN DE LA PENA NATURAL PARA CÓNYUGES Y PAREJAS EN UNIÓN DE HECHO EN INFRACCIONES DE TRÁNSITO”.

The present thesis of degree entitled: "Right to equality and principle of opportunity in the application of the natural penalty for spouses and couples in common law union in traffic offences", and its interest to develop arises from the conduct of a study in view of that, the natural penalty for traffic offences is a current figure which, by not applying when the result of a traffic accident, the victim turns out to be the spouse or partner in de facto union of the offender, generates serious consequences, infringing on the rights of spouses or de facto partners. The study carried out shows that the natural penalty for traffic offences is an alternative penalty, taking into account the serious physical or moral damage suffered by the offender, for the commission of an offence, its application is limited, at the time that the legislator excluded without any reason the spouses or couples in common-law union as beneficiaries of this legal figure, leaving in these cases, in the vulnerability of their rights, causing that apart from the natural penalty they are suffering for the damage caused to their partner, a custodial sentence, which would be unjust, unnecessary, disproportionate and inhuman, is imposed by the judge. In particular, it violates the principles of timeliness, proportionality of punishment, minimum criminal intervention and the right to equal protection before the law, among others.

• Autor Principal: Abarca Abad, Leydi Maribel (author)
• Formato: bachelorThesis
• Idioma: spa
• Publicado: 2021
• Subjects: DERECHO; APLICACIÒN DE LA PENA NATURAL
• Acceso en liña: https://dspace.unl.edu.ec/jspui/handle/123456789/24462