LOS PRINCIPIOS CONSTITUCIONALES DE PRESUNCION DE INOCENCIA Y NO DISCRIMINACION FRENTE A LA INSTITUCION JURIDICA DE LA REINCIDENCIA

In all states or mostly respect the presumption of innocence is enacted, seeing to it that individual liberty is inviolable, therefore the right of people to fully enjoy its being free until they check a fact or unlawful act imputed to them and they are convicted. Within the Ecuadorian legal framework also we have the Universal Declaration of Human Rights; applicable in the international order and which expressly determined in its Art.1 that "Everyone has all the rights and freedoms set forth in this Declaration, without distinction of race, color, sex, language, religion, political opinion or any other opinion, national or social origin, property, birth or other status. "In the last part leaves us open the possibility that the court could be passed from one person also be regarded as a right and inviolable guarantee of people in general. "Considering the hierarchy of norms know that the content of the Universal Declaration of Human Rights is mandatory and prevails even on alternate legislation that relates to the case at hand, they would be constituted by the penal codes and They are procedural with tentative recidivism. A clear impairment of the presumption of innocence, and that appears even in the Ecuadorian legal system, which is contradictory to the guarantees established by the Constitution of the Republic of Ecuador, occurs in so-called recidivism since, according the doctrine of the "recidivism" that violate the principle of innocence, the principle whereby people must also be considered innocent and treated as such for the development of pre-trial criminal procedure and investigation and can be revoked by order court to declare the guilt after a right chord criminal proceedings with the guarantees provided in Article 76 of the Constitution of the Republic of Ecuador regarding the due process imposes on others the burden of proving the extent of liability in the reiteration of criminal offenses and for having served previously a sentence of freedom for another offense, it is estimated justify its danger and, although this is not proven not to have it. Declared guilty in any degree of responsibility in the commission of a crime by final judgment our legislation foresees the possibility that the person to re-commit another offense before which the call is configured as legal relapse prevention attentive to my judgment against the constitutional principle of innocence. However it is even more unusual the question of increasing the penalty or punishment for the fact that the defendant is a repeat offender, it would be some guarantor of the proper application of the rights judged by his criminal record, discriminatory act that is expressly prohibited by the rule in paragraph 1 dela Art. 11 Constitution of the Republic of Ecuador. There are also other damages to other constitutional guarantees, such as the "non bis in idem", characterized by the fact that no one should be tried or punished twice for the same unlawful act, considering that because such recidivism seem to be hindered or violates that this guarantee is properly applied. If we focus a little further, the theme I have proposed to develop this research, also includes discrimination that can be processed by some because of his criminal record, although it is true that much is said not to be discriminate against any person because of "criminal record", but it is the case that in practice if these cases often occur; that is judged not only by the current offense but also considered previous convictions or offenses and courts; in our Constitution in its Article 11, paragraph 1 is contemplated transcendentally the principle of equality before the law, and I believe that the application of this "principle" is the engine and the start of many social conquests, it is established in a way clear and literally says, "All people are equal and enjoy the same rights, duties and opportunities. No one shall be discriminated against on grounds of ethnicity, place of birth, age, sex, gender identity, cultural identity, marital status, language, religion, ideology, political affiliation, criminal record, socio-economic status, immigration status, sexual orientation, health, carry HIV, disability, physical difference; or any other distinction, personal or collective, temporary or permanent, which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise of rights. The law punish all forms of discrimination. " Getting it correctly observe that Article, and that is in harmony with other laws, can not engage in discriminatory application causing inequalities in which litigants find themselves facing criminal offenses current and already had a criminal record, and for purposes to prevent the implementation of alternatives to trial, to limit the bond, as well as to constitute aggravating circumstances in sentencing.

• Yazar: SAVEDRA ROA, ROCIO ELIZABETH (author)
• Materyal Türü: bachelorThesis
• Dil: spa
• Baskı/Yayın Bilgisi: 2016
• Konular: DERECHO.; PRINCIPIOS CONSTITUCIONALES; PRESUNCION DE INOCENCIA Y NO DISCRIMINACION; INSTITUCIÓN JURÍDICA DE LA RECIDENCIA.
• Online Erişim: http://dspace.unl.edu.ec/jspui/handle/123456789/11813