Examinando por Autor "Toral Paguay,, Josue Fernando"
Mostrando 1 - 1 de 1
- Resultados por página
- Opciones de ordenación
Ítem Acceso Abierto El recurso de apelación frente a las contravenciones de tránsito que no implican privación de la libertad(Universidad Católica de Cuenca., 2024) Toral Paguay,, Josue Fernando; Moreno Martínez, Jaime Arturo; 0105895684This article studied the relationship regarding the right to appeal against traffic violations without deprivation of liberty. The research used a qualitative approach because the appeal of traffic violations without deprivation of liberty was theoretically founded. Additionally, the depth of the research was descriptive-explanatory, considering the study of the legal problems caused by the lack of the right to appeal as a legal concept. The historical-logical method was used to analyze the background of the right to appeal and how it has evolved over the years. Moreover, the deductive-inductive method was employed to study general knowledge of the appeal in traffic violations containing particular aspects of this legal concept. The analytical-synthetic method was also utilized to determine the legal effects of lacking the right to appeal in Ecuador. Finally, a justification for traffic violations was presented based on the dogmatic method. In conclusion, there is a violation of the right to appeal regarding traffic violations that do not involve deprivation of liberty, which affects constitutional rights, principles, and guarantees. Additionally, it was considered favorable for the Comprehensive Organic Penal Code to develop an appealing figure for all traffic violations, not only those involving deprivation of liberty. Keywords: judgment, right, norm, resourse, penalty
