Conciliación en asuntos relacionados con infracciones de tránsito en el Ecuador. Vulneración de derechos fundamentales
The objective is to find and explain the norms that have been unknown or violated by an administrative act, as well as its consequences. For this, the transversal methodology is applied because they are considered coexisting norms at the same time, as well as it has been necessary to resort to the s...
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| Main Authors: | , , , |
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| Format: | Article |
| Language: | Spanish |
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2020
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7408557 |
| Source: | Iustitia Socialis: Revista Arbitrada de Ciencias Jurídicas y Criminalísticas, ISSN 2542-3371, Vol. 5, Nº. 8, 2020, pags. 142-161 |
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| Summary: |
The objective is to find and explain the norms that have been unknown or violated by an administrative act, as well as its consequences. For this, the transversal methodology is applied because they are considered coexisting norms at the same time, as well as it has been necessary to resort to the synthetic analytical methodology because it has been essential to disaggregate the elements that are affected by a single provision and attend them to each of they in a particular way, turning to the doctrine for this. It is concluded that Resolution 327-2014 is unconstitutional because it violates the guarantee of due process, the right of non-self-discrimination, the principle of normative hierarchy and ignores the right to legal certainty; Therefore, the corresponding constitutional control action must be established for the competent authority to declare it. |
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