Modelo Garantista Sustento de la Política Criminal en el Paradigma del Estado Constitucional de Derechos y Justicia

In the present work of thesis a doctrinal analysis has been carried out on the criminal policy implemented in our country for being a Constitutional State of Rights and Justice; Therefore, the highest duty of the State is to respect and enforce the human rights guaranteed in the Constitution of the Republic of Ecuador, in addition to implementing policies aimed at preventing crime in our nation as prescribed in the charter Which covers this is in Article 393. Respecting especially the pact of which our country is part as the declaration of Human Rights that enshrines in article 11 the due treatment of the accused, sanctioned and sentenced, consequently it should be venerated what promulgates the current constitution of our country in Article 76 of the guarantees of due process. When we find ourselves in a Constitutional State of Rights and Justice, we become a Guarantor State of the fundamental principles of people who are accused, tried, sanctioned, or those who are in a social rehabilitation center, or as a precautionary measure of deprivation Of freedom or who already has an enforceable sentence, that is why, it must be appreciated in a criminal policy established by the Ecuadorian State. The criminal policies implemented in Latin America and specifically those implemented in our country have taken a repressive course that leads to a criminalization without prevention measures. 7 It should be pointed out that there are no prodigious solutions to a complex sumo problem and with an undeniable structural component that must be combated from different fronts that demand a structural approach on criminal policy that develops in the democratic space of the Constitutional State of Rights and Justice. To do this with the doctrinal study of the criminal policy has been analyzed writers such as: Jaramillo Ordoñez Herman, Juárez Bribiesca Armando, Medina Ramírez Marco Antonio, Riveras Beiras Iñaki, Eugenio Zaffaroni, Robert Alexy, Laura Zuñiga Rodriguez of the criminal political book, Claus Roxin Of the book fundamental problems of the criminal policy and criminal law in his chapter current problems of the criminal policy, Juan Bustos Ramírez of the book Criminal Politics and State, leaving like result that the deprivation of the freedom in a means of the sanctioning power of the State that seeks Deter the offender. With the increase of human beings in prisons, the objective of reducing crime has not been fulfilled, but rather increases the rate of people who are prone to commit crimes, because the confinement in our country does not comply with international standards of treatment Penitentiary, turning into centers of delinquency perfection, for people who, for the commission of non-serious crimes such as theft of a cell phone, are likely to live with people who commit much more serious crimes, who should be inside a center Deprivation of 8 liberty, because the closure that a person must be ruled to be the sanctioned of extreme danger to the security of society. For the development of the present work of socio-legal research, it has been used first in the scientific method, adequate path that has helped to reach the pertinent knowledge of the problematic regarding the criminal policy sustenance of the guarantor model in the paradigm of State Constitutional Rights and Justice, since this part of the observation of a fact or phenomenon of objective reality, in this case the insufficient practice of implementing a criminal policy of a preventive nature and not be punitive, so that prisons Of the country are not full and cause prison overcrowding, but rather are only people of extreme danger that despite having tried to rehabilitate it, has not been fulfilled to that end. As the concrete center of study and research, which through the use of the higher functions of personality has been able to get the truth about a particular problem. Using the empirical method, with the product of the result of the experience, based on the observation of the facts, events and concrete practice, it has been possible to verify with data taken from pertinent and pertinent criteria, concerning the objectives, both General as specific; And, to the contracting of hypotheses. With criteria formed by law professionals who, upon being interviewed, state that the criminal policy to be implemented in our country must be related to social control, that is, to be born from the State as a preventive mechanism of criminality in a correct implementation of social control, And that this, despite being punitive in nature is still insufficient to curb criminality. With these results allow us to infer without fear of misjudging the conceptual and doctrinal inclination of law professionals that criminal policy must constitute social control, of a formal character, imperceptibly located in the punitive current of law.

• Glavni avtor: Reyes Mora, Yuri Soledad (author)
• Format: bachelorThesis
• Jezik: spa
• Izdano: 2016
• Teme: DERECHO; MODELO GARANTISTA; POLÍTICA CRIMINAL; ESTADO CONSTITUCIONAL
• Online dostop: http://dspace.unl.edu.ec/jspui/handle/123456789/17345