Examinando por Autor "Collaguazo López, Jamilton Enrique"
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- ÍtemAcceso AbiertoAnálisis del incumplimiento del principio de proporcionalidad de la pena a los conductores que en estado de embriaguez o bajo los efectos de sustancias estupefacientes, psicotrópicas o preparados que las contengan causen la muerte de una o más personas(Universidad Católica de Cuenca., 2020) Collaguazo López, Jamilton Enrique; González Gutiérrez, Miltón Alejandro; 1103543064The current paper entitled "An analysis of the non-compliance with the proportionality principle of sentencing drivers under the influence of alcohol or the effects of narcotic, psychotropic substances or products that include them, causing the death of one or several people". According to article 376 of the Organic Penal Process Code, in order to penalize drivers involved in this type of offence, who are found to be eminently at fault. An analysis was made of the Ecuadorian Constitution, laws, doctrines, and it was able to establish whether there is any violation of the proportionality principle of the sentence against drivers who caused one or more deaths under the effects of alcohol or narcotic substances, which are mostly between 20 and 30 years old, which are the most common in this kind of offences, and are punished with two sanctions, the first one with deprivation of freedom and the second with permanent revocation of driving license, this last sanction violates the right to acquired work, as stated in our Constitution, in article 33. Finally, considering that it is a guilty offense which is known worldwide as reckless offences, with no malice, there is no violation of a constitutional right inherent to survival, such as the inalienable right to work, which would imply damages to the entire family, and sentences in criminal proceedings are personal, on the other hand our Constitution provides that there must be proportionality of sanctions in both violations and offenses of any nature, which does not occur in the species.