Examinando por Autor "Sánchez Nugra, Julia Narcisa"
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- ÍtemAcceso AbiertoAnálisis de la legislación ecuatoriana, en cuanto a una correcta aplicación de la legitima defensa, como una fomra de proteger derechos propios y de terceros(Universidad Católica de Cuenca., 2021) Sánchez Nugra, Julia Narcisa; Arciniegas Castro, César Leonardo; 0105804306In the Ecuadorian criminal system, self-defense is a mechanism by which citizens' own rights are protected, where there is an action to defend and protect various legal assets which are embodied in the Constitution of the Republic of Ecuador, it does not matter who belongs the right to, such as the right to life, case in which a person will have to use the instruments available to try to avoid an aggression. The legitimate defense is a right that is typified in the integral criminal organic code in ARTICLE 33, of which we can take into account that there are three requirements in which a rational being acts to face an aggression, understanding that these requirements are not applicable to the conduct of active subjects when they illegally enter a residence, that is, the Ecuadorian criminal system does not have the necessary requirements to carry out an effective legitimate defense. In consequence, to accomplish the objective of this work, it was made a comparison with Colombian legislation, where the legitimate defense works in favor of the victims in cases where there is illegitimate entry to a real estate. The approach was qualitative because through this method it was able to carry out an evaluation and interpose and weigh different information on concepts of national and international writers. regarding the correct application of legitimate defense in Ecuador, which will favor the development of the proposal through a doctrinal and legal analysis of legitimate defense, what means, in the case of perpetrating a house robbery, that victims can defend themselves adequately in legitimate defense and in this way guarantee legal security, and other rights established in the constitution of the republic and international treaties