Examinando por Autor "Poma Figueroa, Sebastián Patricio"
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- ÍtemSolo MetadatosAnalisis de la prescripción del delito de estupro en relación al referéndum de 2018 en ecuador frente a la posible vulneración de derechos a los menores de edad.(Universidad Católica de Cuenca., 2022) Poma Figueroa, Sebastián Patricio; Guerra Coronel, Marcelo Alejandro; 0105817423In the present investigation, an analysis of the prescription of the crime of statutory rape has been carried out before the 2018 referendum in Ecuador, confronting it with the possible violation of the rights of a vulnerable group, such as minors. To achieve this objective, it has been necessary to use two qualitative methods, which are: the analytical-synthetic method and the structural-functional systemic method, on Ecuadorian legal regulations, doctrine and international human rights treaties. The declaration of the popular will is one of the mechanisms by which rigid constitutions can be modified, however, the sphere of popular action usually only reaches the manifestation of this will through voting. The existence of a normative conflict between the rights of an accused person and the rights of a priority attention group, constitutes a serious problema to be solved by the Ecuadorian State, remembering that, a normative conflict where there is a probable violation of rights It is a true time bomb, regarding the responsibilities that the State has towards its constituents. The necessary path of constitutional control, hand in hand with international human rights treaties and conventions, must be the axis on which a resolution of this conflict is reached, which can affect principles such as the best interests of the minor and/or the principle of legality, as well as subjective rights, knowing that the people have expressed their will at the polls.