Examinando por Autor "Arcentales Espinoza, Jefferson Romeo"
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Ítem Acceso Abierto El principio de proporcionalidad frente a las contravenciones de tránsito(Universidad Católica de Cuenca., 2023) Arcentales Espinoza, Jefferson Romeo; Tapia Páramo, Luis Paúl; Pozo Cabrera, Pablo Arturo; 0350094405; 0302358155This study examined the relationship between traffic law sanctions and the disproportionality of their application. The methodology was qualitative, as the law sanctions for traffic offenses were theoretically justified. Also, a descriptive-explanatory method was utilized to explain the problems associated with disproportionate law sanctions. The historical-logical method was used, considering the antecedents of the law to understand its application over time, and the analytical-synthetic method was also employed to determine the disproportionality of the sanction in applying the norm. With this, it was justified that when a traffic infraction is committed and sanctioned, they are disproportionate compared to other legislations, evidently affecting fundamental constitutional principles, such as the principle of proportionality. It was concluded that the law sanctions for traffic infractions are disproportionate and even excessive concerning the penalty, considering that a single offense results in multiple law sanctions, which goes against legal principles. Finally, the need to reform the Comprehensive Organic Penal Code was concluded, establishing proportional sanctions for traffic infractions and avoiding multiple sanctions as practiced in other legislations.
