Examinando por Autor "Espinoza Guillén, Bairon Iván"
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- ÍtemSolo MetadatosAnálisis de la presunta vulneración al principio de igualdad, por la restricción de acceso a los regímenes semiabierto y abierto de delitos graves(Universidad Católica de Cuenca., 2022) Espinoza Guillén, Bairon Iván; González Guitiérrez, Milton Alejandro; 0104705744; Ordoñez Carpio, Fernando EstébanArticles 698 and 699 of the Penal Code were significantly modified as a part of the most recent reforms established by Congress. These changes have caused difficulties for the prison system since they limited the access of those individuals deprived of liberty sentenced for severe crimes to rehabilitation programs, in other words, to semi-open and open regimes. In this context, prison benefits suffered an imbalance since rehabilitation and social reintegration were exclusively aimed at those who had not been sentenced for serious crimes. Therefore, the legislator's disregard for constitutional precepts and the sentence's purpose was denounced. The purpose of this research was to identify whether or not there was a violation of the principle of equality between those deprived of liberty who can have access to prison regimes and those who cannot. For this purpose, a qualitative approach was adopted, and a historical method was used to study the dogmatic and evolution of the sentence in depth. Then, a systematic method provided the necessary epistemology of the principle of equality. Finally, with the comparative-analytical method, possible adverse effects of this restriction were determined. Finally, restricting access to prison regimes is a reform based on a flawed criminal policy since it infringes on the purposes of punishment and the principle of equality.