Necesidad de suprimir el numeral 2) del artículo 599, del Código Orgánico Integral Penal, pues vulnera las normas constitucionales del debido proceso
Our Ecuadorian State has held a series of transformations especially in regards to its legal system. With the approval of the Constitution of the Republic of Ecuador in 2008, an emphasis was given never before seen in our status quo, as rooted for a long time, yet these new rules that come with stre...
Wedi'i Gadw mewn:
| Prif Awdur: | |
|---|---|
| Fformat: | bachelorThesis |
| Iaith: | spa |
| Cyhoeddwyd: |
2015
|
| Pynciau: | |
| Mynediad Ar-lein: | http://dspace.unl.edu.ec/jspui/handle/123456789/8900 |
| Tagiau: |
Ychwanegu Tag
Dim Tagiau, Byddwch y cyntaf i dagio'r cofnod hwn!
|
Ychwanegu Tag | Crynodeb: | Our Ecuadorian State has held a series of transformations especially in regards to its legal system. With the approval of the Constitution of the Republic of Ecuador in 2008, an emphasis was given never before seen in our status quo, as rooted for a long time, yet these new rules that come with strength, power, have managed to banish an existing model to replace it with this new legal culture in a Constitutional State guarantor of rights. In the constitutional state must exist a set of principles and guarantees, which in practice means that the rights have their recognition with the special force, which when violated these are claimed even coercively, now we can say that there is a contemporary of law in Ecuador. The direct application of the constitutional norm is established, the other below the supreme law rules should be subjected to this, it shows the importance of possessing the members of the National Assembly in the adoption of laws or rules of general interest because among other things regulates the exercise of fundamental rights, we must also consider that the Constitution guarantees without discrimination the effective enjoyment of the rights set out therein and in international instruments. Among the rights enshrined in the Constitution is the right to due process, constitutionally recognized explicitly, the same as is violated in the new Code of Criminal Integral. The work contains aspects that allow review why the problem, its causes and consequences. The methods provided obtaining valid data, and verifiable, achieving subjectivity away and get real results sorted through procedures designed to produce interesting results. The literature review includes aspects that make it easier to understand why and wherefore study the right to due process, peculiarities of conceptual, legal and doctrinal order, without which it could not reach a judgment on the value implied by this law in order public; The study includes field surveys, to have quantitative and qualitative results for the development of conclusions and recommendations. Three frames are set: a conceptual framework developed from individual and general summations, a legal framework in which the national standards from the perspective of the Constitution was analyzed; and a doctrinal framework where contemporary reality of the country is analyzed. The field study enabled data collection, surveys were conducted with lawyers from the city of Quito, qualitative data that allowed the plots in the knowledge of the right to due process. The conclusions and recommendations reached help establish which proved and verified the objectives, the general objective and especific objectives were achieved satisfactorily, and the hypothesis was tested. The proposed amendment is aimed at establishing full compliance with constitutional rights. Hence the thesis channeled to the analysis of the fundamental rights entrenched in the Constitution, fundamentally the right to due process is studied, taking into account that rights are of equal statu, guaranteed under the representation of the new national legal order, and the situation that exists today in the Ecuadorian reality |
|---|