La Multa, Reducción de Puntos en la Licencia de Conducir y la Prisión en las Infracciones de Tránsito, Vulnera los Derechos del Infractor

The present research work includes a conceptual, doctrinal and legal study, related to the legal issues raised, the violation of the Principle of Proportionality of Punishment and the rights and constitutional guarantees of the offending driver, by imposing disproportionately two or three sanctions in traffic infractions. The doctrinal and constitutional principle of the Proportionality of Punishment that fundamentally includes that the sanctions to be imposed at the time of the commission of an infraction must be proportional to the committed violation is prescribed in the Constitution of the Republic of Ecuador, in article 76 , numeral 6, which mentions that the law will establish due proportionality between offenses and criminal, administrative or other sanctions, therefore, in the commission of traffic offenses is known to the majority of the population that drives light, heavy or public transport vehicles that this problem of a legal nature exists, since an infringing driver is sanctioned disproportionately, imposing excessive sanctions, affecting the driver in a pecuniary, administrative and punitive way, violating elementary rights established in the supreme norm , as the guarantees established in the article 11 of the Constitution of the Republic of Ecuador in its numerals two, three, nine, as well as in some cases where there are sanctions against professionals of the steering wheel and its enabling document is permanently suspended to lead to one when the sentence has been served, violates the - 5 - right to work and consequently the well-being of his family in what is relevant to housing, clothing and food. An important aspect of this problem is the transgression of rights that are committed daily, in the traffic violations at the national level, in which constitutional rights are being violated by imposing excessive sanctions, for a slight fault, because one does not impose up to three penalties, these being an administrative sanction reduction of points in the driver's license, pecuniary the economic fine and punitive deprivation of liberty. With the aforementioned problematic, it effectively establishes that with the fine, reduction of points in the driver's license and the penalty of deprivation of liberty in traffic infractions, the Principle of Proportionality of Punishment and the rights and guarantees are violated. constitutional in order to reduce the rate of violation of fundamental rights in the area of the imposition of traffic sanctions consider necessary to establish a proposal for reform of the Comprehensive Criminal Code, so that in traffic offenses punishable in serious offenses, only with penalty deprivation of liberty, and when there is a commission of minor infractions, a pecuniary penalty is imposed, proportional to the gravity of the infraction.

• Autor principal: Sánchez Gonzaga, Julio Cesar (author)
• Formato: bachelorThesis
• Idioma: spa
• Publicado em: 2018
• Assuntos: DERECHO; MULTAS; LICENCIA; INFRACCIONES
• Acesso em linha: http://dspace.unl.edu.ec/jspui/handle/123456789/20735