RELATIONSHIP BETWEEN THE GUARANTEE AND PUNITIVITY IN THE CRIMINAL CODE
Journal Title: Ius Humani. Revista de Derecho - Year 2016, Vol 5, Issue 12
Abstract
The objective of this article is to determine the need for the existence of a punitive and a guarantor party within the Integrated Criminal Code, starting from the study of the doctrinal updating in criminal matters within the Ecuadorian legal system considering that since Ecuador is a constitutional State Of rights and justice, inspires us to construct mechanisms that have as basis and aim the protection of the freedoms of the individual, against the various forms of the arbitrary exercise of punitive power of the State, where the guarantees and principles established in the Code Organic Integral Criminal, should be considered as punitive power containment filters that prevent that power from overflowing and destroying everything in its path. Then the meaning of the guarantee and punitivity is analyzed. Finally, we consider the relationship between guarantee and punitivity, concluding that the guaranty is a current that provides substantial ideas to transform the judicial process thus preventing the arbitrariness of punitive power.
Authors and Affiliations
Sebastián Cornejo Aguiar
Keywords
Related Articles
- EP ID EP36085
- DOI https://doi.org/10.31207/ih.v5i0.125
- Views 386
- Downloads 0
THE RIGHT TO PRIVATE PROPERTY AND ECONOMIC FREEDOM. SOME LEGAL, PHILOSOPHICAL AND ECONOMIC ELEMENTS FOR A GENERAL THEORY
This paper sets forth several legal, philosophical and economic elements for a general theory on the right to private property and economic freedom, which might explain why it is a fundamental right. Firstly, this Articl...
THE ROLE OF THE EXECUTIVE IN NORMATIVE PRODUCTION: ECUADOR BETWEEN 1979 AND 2016
This work is based on the following research question: how the executive has gotten to approve his bills in the legislative? To carry out this analysis, Ecuador is taken as a case study between 1979 and 2016, starting fr...
HISTORIC AND LEGAL REPORT ON THE CONSTITUTIONAL RIGHT TO LIFE
Here are collected two reports about the possibility of decriminalizing abortion in Ecuador. Although they were issued on the basis of two bills that failed in the legislature, historical and legal arguments discharge...
INEFFECTIVE ACTION REPLAY
This research includes the study of the action of repetition, within the art. 11.9 of the Constitution of the Republic of Ecuador, it is noteworthy that the supreme law embodies the principle or right of the State to com...
ADMINISTRATIVE LAW AND FUNDAMENTAL SOCIAL RIGHTS
The aim of this work is to show that the administrative law of a social and democratic state based on the rule of law is the right that the government has to liberty in solidarity. The method used is specific of legal re...