La necesidad de regular la retención vehicular en los accidentes de tránsito que viola los derechos constitucionales en el Ecuador en el nuevo código integral penal

The present investigation has allowed to propose the necessity to make the corresponding reformation to the Organic Integral Code, in the concerning thing to the vehicular retention which doesn't violate the constitutional rights of people. The rights that it establishes the Constitution of Ecuador are irrenunciables, inviolable and of immediate application, all person can claim when one of those rights has been violated. Most of the drivers in some moment have been implied in a traffic breach, be this way for fortuitous cause, it doesn't impede him/her to be sanctioned with hardships that it establishes the Code Penal Organic Integral, the right it has been smashed to the tranquility. The advance of the technology, the globalization, the modern demands and daily necessities make us to live in the century of the automobile; the massive circulation of the railcars represents an alarming source of danger, a latent threat against the personal integrity, they induce to the proliferation of breaches of I traffic creating uneasiness and desconformidad with the sanctions and hardships settled down in the new Code Penal Organic Integral. The advantages that he/she offers the use of railcars, believe multiple necessities, as the one of having laws that protect the rights and integrity of the Ecuadorians, for what is necessary to reform the Code Penal Organic Integral to fill the holes and legal incongruities that exist in him. The drivers don't manage with responsibility, they are indifferent and senseless when they are in front of the steering wheel, they don't provide measures of security to avoid this type of breaches, non visionan that will feel the negative consequences for their negligent and imprudent acts in the future, for their neglect to the law, what generates a social true insensibility and it provokes artificial insecurity. The common causes that generate accidents are: conduction in state of intoxication, excess of speed, drivers without the belts of security; use of the cellular telephone deviating their attention; they ingest foods to the moment to drive; they play with the radio while they drive (young drivers); the family parents amuse when returning to see their children that are in the later seat; other drivers smoke to the moment to drive, that which diminishes the concentration; many women use the rear-view mirror during the conduction to put on makeup, what provokes desconcentración, fundamental instrument to the moment of driving, among other, negative aspects that make that they take place great quantity of accidents, likewise they make many breaches that later they are sorry and the consequences are serious. It is aspired that the professionals of the steering wheel act with responsibility and apply a conduction with wisdom, norm for security of the own driver and of the collective. The carried out investigation tries the reasons or reasons that take to the drivers to make traffic breaches to settle down; it is sought to determine the causes of social, cultural, family, personal order and of course, to propose legal reformations in order to diminish the index of breaches that at the moment is high. On the other hand, a Project has settled down in the one that clearly settle down the causes that bear to the reformation proposal to the Code Penal Organic Integral, reformations that avoid violations to constitutional rights and that they allow that the justice is equal and equal for all

• Автор: Salazar Guamán, Tania Fernanda (author)
• Формат: bachelorThesis
• Мова: spa
• Опубліковано: 2015
• Предмети: DERECHO; ACCIDENTES DE TRANSITO; DERECHOS CONSTITUCIONALES; CODIGO INTEGRAL PENAL
• Онлайн доступ: http://dspace.unl.edu.ec/jspui/handle/123456789/8186