Examinando por Autor "Carrera Soria, Joselyn Celina"
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Ítem Acceso Abierto La presunta impunidad de los conductores que generan lesiones a sus víctimas por accidente de tránsito ocasionando daño, enfermedad o incapacidad física en ellas para el trabajo, inferior a cuatro días(Universidad Católica de Cuenca., 2021) Carrera Soria, Joselyn Celina; González Gutiérrez, Milton Alejandro; 1500860968This research work focuses on the study and subsequent analysis of the impunity that is generated in the event of a traffic accident, whose damage, illness, or disability is determined in less than four days, due to the specific characteristics of this type of accidents, for which the Ecuadorian Organic Integral Penal Code does not have a specific regulation or article of the law of application, a situation that derives in a real vacuum and regulatory problem, even more owing to the facts of the problem since nowadays traffic accidents are daily occurrences, they occur on the roads of our country, caused by infringement of the objective duty of care to which professional and non-professional drivers who drive a motor vehicle are obliged by right. Consequently, a traffic accident and its deficient treatment from the normative point of view is detrimental to a legal right protected by the Constitution and the Law, which is the physical integrity, so that in my opinion, this type of accidents and its consequences do not deserve a reproach trial for incapacities of less than four days, a situation that violates the principle of substantive legality, which generates impunity. Thus, this research topic constitutes a transcendental important study, according to the problem posed, where it has been possible to observe that this research has been feasible, novel, original and that it constitutes a great juridical contribution, and above all, the victims of traffic accidents
