Falta de aplicación del principio constitucional de celeridad procesal para garantizar el principio de favorabilidad por parte de los jueces de garantías penitenciarias a favor de las personas privadas de la libertad
The following research work entitled, “Lack of application of the constitutional principle of procedural celerity to guarantee the principle of favorability by the judges of penitentiary guarantees in favor of persons deprived of liberty”; aims the realization of a study focused on the lack of appli...
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| Tác giả chính: | |
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| Định dạng: | bachelorThesis |
| Ngôn ngữ: | spa |
| Được phát hành: |
2022
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| Những chủ đề: | |
| Truy cập trực tuyến: | https://dspace.unl.edu.ec/jspui/handle/123456789/24895 |
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Thêm thẻ | Tóm tắt: | The following research work entitled, “Lack of application of the constitutional principle of procedural celerity to guarantee the principle of favorability by the judges of penitentiary guarantees in favor of persons deprived of liberty”; aims the realization of a study focused on the lack of application of the principle of procedural celerity to ensure compliance with the principle of favorability, since it is evident that in our country there is not a correct interpretation and/or application of the rules that are stablished by the law, which generates insecurity to persons deprived of liberty, whose rights that are violated when it comes to the application of a correct justice. The Constitution recognizes persons deprived of liberty as one of the members of the group of priority attention, who have equal rights and duties; additionally, they will have fair, equitable and equal justice regardless of their physical, economic, religious or ethnic situation. Article 75 of the Constitution of the Ecuadorian republic states that all persons shall have the right to access free justice and to the effective, impartial and expeditious protection of their rights and interests, which must be subjected to the principles of immediacy and celerity; in no case shall they be abandoned. Moreover, Article 5, numeral two of the Organic Integral Penal Code, indicates favorability in the case of conflict between legal norms, the less rigorous one will be applied so as to optimize its maximum effectiveness for the rights holder. Additionally, materials and methods were carried out for the development of this research work, its application enabled the realization of this research, as well as surveys and interviews directed to law professionals of the city of Loja and professionals of the Balsas canton, who provided criteria with clear and precise foundations; with bibliography recognized worldwide, the same that contributed to the verification of objectives and the basis of the legal reform; which encouraged the creation of this research project and supported to present the legal reform project to the Organic Integral Penal Code with the purpose of guaranteeing the effective compliance in the processes that request the application of the principle of favorability on the part of the persons deprived of freedom, whose rights that are violated when it comes to the application of a correct justiceThe following research work entitled, “Lack of application of the constitutional principle of procedural celerity to guarantee the principle of favorability by the judges of penitentiary guarantees in favor of persons deprived of liberty”; aims the realization of a study focused on the lack of application of the principle of procedural celerity to ensure compliance with the principle of favorability, since it is evident that in our country there is not a correct interpretation and/or application of the rules that are stablished by the law, which generates insecurity to persons deprived of liberty, whose rights that are violated when it comes to the application of a correct justice. The Constitution recognizes persons deprived of liberty as one of the members of the group of priority attention, who have equal rights and duties; additionally, they will have fair, equitable and equal justice regardless of their physical, economic, religious or ethnic situation. Article 75 of the Constitution of the Ecuadorian republic states that all persons shall have the right to access free justice and to the effective, impartial and expeditious protection of their rights and interests, which must be subjected to the principles of immediacy and celerity; in no case shall they be abandoned. Moreover, Article 5, numeral two of the Organic Integral Penal Code, indicates favorability in the case of conflict between legal norms, the less rigorous one will be applied so as to optimize its maximum effectiveness for the rights holder. Additionally, materials and methods were carried out for the development of this research work, its application enabled the realization of this research, as well as surveys and interviews directed to law professionals of the city of Loja and professionals of the Balsas canton, who provided criteria with clear and precise foundations; with bibliography recognized worldwide, the same that contributed to the verification of objectives and the basis of the legal reform; which encouraged the creation of this research project and supported to present the legal reform project to the Organic Integral Penal Code with the purpose of guaranteeing the effective compliance in the processes that request the application of the principle of favorability on the part of the persons deprived of freedom, whose rights that are violated when it comes to the application of a correct justice |
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