La Proporcionalidad de la Legítima Defensa en los Casos de Violación

The present work of legal research titled, "The Proportionality of the Legitimate Defense in the Cases of Violation" was elaborated after having made an analysis of the current social problems. Directing my research topic specifically to the legitimate defense in the field of Criminal Law, legal figure that took that name with the entry into force of the Comprehensive Criminal Organic Code in 2014, which prescribed what are the requirements to be establish this legal figure specifically in Article 33. The lack of specification of this rule, causes that justice operators tend to make a misinterpretation of this legal figure, although Article 33 of the Comprehensive Criminal Code establishes that, for the Legitimate Defense to occur, three requirements must be met, among which is the rational need of the defense, as the justice operators can then do to deduce what was the necessary rational means within the concrete case, if the means used was not less harmful but it was the only one with the that counted to protect the legal right that was in real danger. The criterion of the operators of justice should not be attached to anything proportionality, because not always the means used can be proportional to the damage that is to be avoided, if the victimizer uses physical force and not other means of intimidation then the victim can only make use of his physical strength to be proportional, because if he uses a weapon, his performance would be beyond the guidelines of proportionality, and he would not comply with the requirements of the Legitima Defense and he would be sanctioned. 5 Then, as the judges must sanction the cases in which the sexual integrity of a person is being attacked, and it is in their defense, it causes damage and even death to their victimizer, taking into account that his action lacked intent and premeditation, a situation different from the performance of the victimizer, who if he had in mind the goal he pursued, I look for the necessary means to intimidate the victim and finally externalize it in the real world, its action passing from an internal phase to an external phase. Posing then as a possible solution that the person who kills or causes injury to another at the time of being a victim of a crime of violation is exempt from any liability. In the development of research use various methods such as scientific, inductive, deductive, analytical and synthetic, also use different techniques such as the survey, interview that were very important to verify the hypothesis and objectives, in the conclusions and recommendations that I raise in The present work determined that there is a legal vacuum regarding the Legitima defense and that a reform of the Comprehensive Criminal Organic Code is necessary.

• Yazar: Muñoz Poma, Eva Patricia (author)
• Materyal Türü: bachelorThesis
• Dil: spa
• Baskı/Yayın Bilgisi: 2018
• Konular: DERECHO; VIOLACIÓN; COIP
• Online Erişim: http://dspace.unl.edu.ec/jspui/handle/123456789/20850