El principio de proporcionalidad de las penas en delitos cometidos por menores infractores

The Constitution of the Republic of Ecuador, in its article specifically indicates the rights, guarantees, duties and constitutional principles of its citizens. One of its principles found in our constitution is proportionality. Therefore, the objective of this investigation is to analyze and determ...

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Bibliographic Details
Main Authors: Peñaloza Caracundo, Rosa Maricela, Narváez Zurita, Ivonne, Pozo Cabrera, Enrique Eugenio, Erazo Álvarez, Juan Carlos
Format: Article
Language:Spanish
Published: 2020
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=8964713
Source:Iustitia Socialis: Revista Arbitrada de Ciencias Jurídicas y Criminalísticas, ISSN 2542-3371, Vol. 5, Nº. 1 (Edición Especial), 2020, pags. 454-573
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Summary: The Constitution of the Republic of Ecuador, in its article specifically indicates the rights, guarantees, duties and constitutional principles of its citizens. One of its principles found in our constitution is proportionality. Therefore, the objective of this investigation is to analyze and determine the effective application of the principle of proportionality of penalties in crimes committed by minors or teenagers who are offenders based on the guarantees of due process. The methodology used in the research is of Qualitative modality of critical analysis, of explanatory type, following the Inductive-Deductive and Analytical-Synthetic methods, of exploratory scope; literature review based on the analysis, synthesis and schematization of information. At the end of the investigation it has been possible to establish that a breach of the principle of proportionality in the determination of the penalty is a reality in the cases of crimes committed by minors or teenagers who are offenders.