El maltrato animal y la dificultad de llegar a una sanción en el proceso penal en el Ecuador.

Ecuador is a Constitutional state of rights, therefore it has been sought to find the position of animals within the legislation, the changes, the current shortcomings, foreign legislation, to establish why it is difficult to reach a sanction for animal abuse, the development of jurisdictional right...

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Bibliografiske detaljer
Hovedforfatter: Freire, Regis D. (author)
Format: masterThesis
Sprog:spa
Udgivet: 2022
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Online adgang:http://repositorio.uotavalo.edu.ec/handle/52000/802
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Beskrivelse
Summary:Ecuador is a Constitutional state of rights, therefore it has been sought to find the position of animals within the legislation, the changes, the current shortcomings, foreign legislation, to establish why it is difficult to reach a sanction for animal abuse, the development of jurisdictional rights is not an option and animal fighting is not new, several countries have already been legislating in favor of them, even Ecuador was a pioneer in recognizing rights to nature, but it would not be watching over them, there are no related institutions interacting with the regulations and even worse, all the criminal regulations are relatively new but inefficient and the extra-criminal one is already out of date. Throughout history, humans have believed that they are the center of everything, legislating animals as objects that are subject to what their owner, man, does. So from the 2008 Constitution on the one hand, powers to the municipalities on the other, treaties, international organizations and finally the COIP in 2014 with the consequent reforms of 2019, they took a procedural turn. The design of this type of study is based on qualitative epistemology, it is a documentary bibliographic methodology with deductive theory supported by the focus group technique, finding that the private action process is not ideal. Trampling free access to justice and therefore involves the protection of these rights.