Inaplicabilidad del literal f) del articulo 123 de la ley orgánica de transporte terrestre, tránsito y seguridad vial, por lo cual no se puede aplicar la ejecución de la pena privativa de libertad en un medio social abierto.

The criminal law, is a conception of reason human, deduced from a relationship of man in society, that society has the power to make you suffer the man some wrong, when this has violated any regulations. This violation refers to the offence and the same consequences, usually brought the penalty. The penalty considered at an end, be primarily preventive. This weekend is stipulated in the organic law of land transport, transit and road safety, to punish certain offences with custodial sentences. But that end is being fulfilled. Response is out of sight, we see as the major local media, as it denounces our prisons misnamed rehabilitation centre exists the overpopulation, especially if there is a repetition of the crime, thing that can happen in the Commission of breaches of transit. Within prisons is not met its social function, the reintegration and social rehabilitation of the individual. "85% Of the offenders, returning to prison", within the last two years. We must not forget that past was in the deprivation of freedom one of the punishments that supposedly by the closure of the offender, was guaranteed its reflection and change for good, in such a way that when it will be reincorporated into society, they are useful to it. The disqualifications of freedom, had as main objective, that the OFFENDER pay a custodial sentence to earn his guilt to go against the system of legal norms that govern a particular society and protect the individual and community interests. The custodial sentences the aims preventive and rehabilitation, which is not fulfilled, being currently in crisis, since the prison system currently is suffering from one of serious problems such as overcrowding, lack of rehabilitation, bad treatment and care of offenders. Longed rehabilitation, is gone, giving a totally counterproductive result, rather then the sentenced far to rehabilitate, to regain their freedom, leave worse psychological, fully prone to continue committing crimes, with serious damage to the society that receives them. Concerning matters of transit, transit officers work has increased in an alarming manner, every day they have to quote a lot of drivers of vehicles for different reasons, failure to comply with legal standards in the organic law of transit; of performances made two separate police reports. It is a problem of social and legal order the Commission of large number of traffic violations, which has been necessary to investigate to determine the causes which generate high rates of this type of traffic violation. Users of the public thoroughfare, which then become users of justice do not take security measures aimed at avoiding being cited by transit officials; born or here appears the problem which is the subject of the investigation. Despite that the penalties imposed by the current law of traffic, they are aimed at the rehabilitation of the offender, which are not met. The penalties are stipulated article 123 of the organic law of land transit, which provides: "Art. 123.- The penalties for the offences and infringements of traffic son: a) confinement b) imprisonment; c) fine; d) Revocatoria, temporary or definitive suspension of the license or authorization to drive vehicles; e) reduction of points; f) community work." This regulation foresees an alternative penalty to help the offender to reform should he pay to do it, which is community work. But the same judges of transit, they have not implemented it and the answer is in sight, there is no policy that involves the application of community work. The penalties set out in that article, are not in accordance with the penal and prison reality that lives in our country, and it is necessary to be given the application of the community work as a form of execution criminal that favour the principles of rehabilitation and resocialization, including the open Middle social variable, involving the participation of the Penal AdministrationCivil associations and NGO's. Hence arises the so-called principle of joint since these groups not only support the Administration in its tratamental work, but become coejecutores of the custodial sentence along with it. This situation raises interesting reflections, especially to know if this is an open door to the development of a prison policy to the participation of these groups at the expense of the administration or not, of a possible exclusivity in the penal execution.

• Hoofdauteur: Romero Álvarez, Marcia Alexandra (author)
• Formaat: bachelorThesis
• Taal: spa
• Gepubliceerd in: 2014
• Online toegang: http://dspace.unl.edu.ec/jspui/handle/123456789/16202