La participación del mismo juez de la niñez y adolescencia como juez controlador de garantias y juzgador del ilicito cometido por el adolescente, contraviene al principio de imparcialidad judicial
This legal research is part of academic issues within the Juvenile Law, and particularly within the Code of Children and Adolescents, Criminal Code, the Constitution of the Republic of Ecuador, international and comparative law. As academically justified because it meets the relevant requirements of...
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| Format: | bachelorThesis |
| Sprog: | spa |
| Udgivet: |
2015
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| Fag: | |
| Online adgang: | http://dspace.unl.edu.ec/jspui/handle/123456789/13179 |
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Tilføj Tag | Summary: | This legal research is part of academic issues within the Juvenile Law, and particularly within the Code of Children and Adolescents, Criminal Code, the Constitution of the Republic of Ecuador, international and comparative law. As academically justified because it meets the relevant requirements of the Rules of Academic Board of the National University of Loja, which regulates the relevance of the research study legal aspects relating to matters of positive law to opt for law degree Moreover aims to demonstrate the need for state care in safeguarding fundamental legal safeguards for adolescents through this specific case of duplication of functions of Judge of Children and Adolescents, which holds the dual role of judge guarantor fundamental rights and also judge the act committed by the same teenager. It follows therefore that the issue raised is of importance and social and legal significance to be investigated in an attempt to solve the problem posed for the benefit of young offenders. With the application of methods: Scientist, inductive, deductive, analytical, statistical, using techniques and procedures as the signing bibliographic survey, interview, case analysis will be possible socio-legal research of the problem proposal, while there are sources of bibliographic, documentary and field that will provide analysis and discussion, then, has the necessary logistical support and methodological guidance essential for study causal-explanatory and critical problem.Consequently this thesis aims to demonstrate that dual and simultaneous action of the judge of Childhood and Adolescence, first, as a judge guarantor of the rights of juvenile offenders and the other as a judge of the offenses committed by teens, becomes a violation of due process, which is against the rules of criminal jurisdiction and special form of childhood and adolescence, is demonstrated in the development of it which is a problem that affects justice and specialized juvenile justice. |
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