Alcance de la pena natural y propuesta para su consideración en el sistema penal ecuatoriano para efectiva realización de la justicia

The present investigation arises from the need to address the application of justice in the convictions to determine and impose, considering all aspects and circumstances surrounding the crime, particularly in relation to the person of the offender, a sentence that applies a proper and real proporti...

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Bibliographic Details
Main Author: Donoso Gallegos, Xavier
Other Authors: Donoso Castellón, Arturo Javier
Format: Tesis de Pregrado
Published: Quito: Universidad de las Américas, 2010. 2015
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Online Access:http://dspace.udla.edu.ec/handle/33000/435
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Summary:The present investigation arises from the need to address the application of justice in the convictions to determine and impose, considering all aspects and circumstances surrounding the crime, particularly in relation to the person of the offender, a sentence that applies a proper and real proportionality between crime and punishment for an effective realization of justice. Thus, this investigation is developed in five chapters: The first chapter provides a doctrinaire analysis of law to define it, establish its purpose, its relationship to justice and what is itself, also the problem of human rights and when they should be protected. It mainly discusses one of the branches of law, criminal law, how it should be understood, what its aim and purpose, what principles govern it, what the penalty is and what is its purpose and function. The second chapter analyzes some legal bodies to establish what these regulations are about, regarding this issue. The third chapter develops what the Ecuadorian Penal Policy is, what aims to achieve with its application, if the criminal penalties, as specified in the law, fulfill its purpose. The Criminal Law of the enemy and its risks is also analyzed, likewise, the institutions overall, its role and its risks of degeneration.